Cases from cite.case.law:

J. SCHLESINGER, v. JACOB,, 240 So. 3d 75 (Fla. App. Ct. 2018)

. . . We reverse the trial court's order, which denied entitlement to attorney's fees under section 744.108 . . . This court has adopted our sister courts' construction of section 744.108(1). See Losh v. . . . The court's determination of amount and reasonableness is guided by section 744.108(2), Fla. . . . But section 744.108(1) was not written as a prevailing party attorney's fee statute. King v. . . . Id. § 744.108(2). . . .

M. HERNANDEZ, Sr. v. G. HERNANDEZ,, 230 So. 3d 119 (Fla. Dist. Ct. App. 2017)

. . . is directed by Chapter 744 of the Florida Statutes, which governs guardianship proceedings, section 744.108 . . . Section 744.108 provides that “[a] guardian, or an attorney who has rendered services to the ward or . . . reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward,” § 744.108 . . . notice to the guardian and to the ward, unless the ward is a minor or is totally incapacitated,” § 744.108 . . . Although section 744.108 does not specifically require that an “interested person” receive notice, Florida . . .

BIVINS, v. GUARDIANSHIP OF BIVINS, 223 So. 3d 1006 (Fla. Dist. Ct. App. 2017)

. . . .” § 744.108(1), Fla, . Stat. (2016). . . .

K. MEYER v. WATRAS,, 223 So. 3d 1010 (Fla. Dist. Ct. App. 2017)

. . . Section 744.108(2) lists nine factors that courts must consider when determining an award of attorney . . . Section 744.108(4) explains that “[flees for legal services may include customary and reasonable charges . . . Although the order did not expressly reference section 744.108(2), the order sufficiently explained why . . . In so doing, the court, albeit indirectly, applied the relevant factors in section 744.108(2) to the . . . Third Petition Section 744.108(8), 'which authorizes courts to order guardianships to compensate attorneys . . .

In GUARDIANSHIP OF E. BECK, E. II, J. v. R. E., 204 So.3d 143 (Fla. Dist. Ct. App. 2016)

. . . The issue presented is whether section 744.108(1), Florida Statutes (2013), authorizes an award of fees . . . It held that section 744.108(1) did not permit an award of fees and costs to Mr. Kemp or Mr. . . . The starting point for our analysis is the text of section 744.108(1). See State v. . . . Yates is a guardian as described in section 744.108(1). . . . Chlipala was not entitled to fees and costs under section 744.108(1) solely because Mr. . . .

MONARCHCARE, INC. v. GUARDIANSHIP OF H. BLOCK Co- H., 204 So.3d 508 (Fla. Dist. Ct. App. 2016)

. . . Judge Ticktin found that, pursuant to section 744.108, Florida Statutes (2015), there was no evidence . . . reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward.” § 744.108 . . . and (i)The experience, reputation, diligence, • and ability of the person performing ' the service. § 744.108 . . .

H. SAADEH, v. CONNORS,, 166 So. 3d 959 (Fla. Dist. Ct. App. 2015)

. . . Section 744.108, Florida Statutes, authorizes the payment of attorney’s fees to an attorney who has “ . . .

S. STEINER P. v. GUARDIANSHIP OF S. STEINER P. N., 159 So. 3d 253 (Fla. Dist. Ct. App. 2015)

. . . that the court-appointed attorney’s services actually benefited the clients, as is required by section 744.108 . . . “Because sections 744.108 and 744.331 do not contemplate the payment of fees and costs from an alleged . . .

WHITE, v. GUARDIANSHIP OF L. LUBIN,, 150 So. 3d 1256 (Fla. Dist. Ct. App. 2014)

. . . . § 744.108(1), Fla. Stat. (2013). . . . unproductive, the circuit court may reduce the requested compensation based on the factors listed in section 744.108 . . . See § 744.108(2). . . .

G. KOZINSKI, v. STABENOW, 152 So. 3d 650 (Fla. Dist. Ct. App. 2014)

. . . See § 744.108, Fla. Stat. (2014). . . .

E. JAFFE, v. In JAFFE,, 147 So. 3d 578 (Fla. Dist. Ct. App. 2014)

. . . The court then applied the criteria set forth in section 744.108(2)(a)-(i), Florida Statutes (2013), . . . When proceedings are instituted to review or determine attorney’s fees under section 744.108(2), “such . . . the court finds the requested compensation under subsection (2) to be substantially unreasonable.” § 744.108 . . . Accordingly, it would not “defeat the statutory purposes” of section 744.108 to award Carr the fees and . . .

ROMANO, D. v. OLSHEN, v. P. L. v. D., 153 So. 3d 912 (Fla. Dist. Ct. App. 2014)

. . . .” § 744.108(1), Fla. Stat. (2012). . . . Such fees are “determined by the court and paid from the assets of the guardianship estate,” § 744.108 . . . We note that in setting a "reasonable fee” under section 744.108(1), Florida Statutes (2012), the guardianship . . . Thus, section 744.108(2)(e) requires a court to consider, among other things, the "nature and value of . . . the incapacitated person's property [and] the amount of income earned by the estate”; section 744.108 . . .

In GUARDIANSHIP OF RAWL, M. v. R., 133 So. 3d 1179 (Fla. Dist. Ct. App. 2014)

. . . McKinney contends that he was entitled to all of his fees pursuant to section 744.108 because he established . . . Section 744.108(1) provides that “an attorney who has rendered services to the ward or to the guardian . . . See § 744.108(1); In re Guardianship of Ansley, 94 So.3d 711, 714 (Fla. 2d DCA 2012). . . .

In GUARDIANSHIP OF W. KLATTHAAR. W. v. J. B. RN S. S. LMHC, PA J. MD,, 129 So. 3d 482 (Fla. Dist. Ct. App. 2014)

. . . Because sections 744.108 and 744.331 do not contemplate the payment of fees and costs from an alleged . . . Section 744.108, Guardian’s and Attorney’s Fees and Expenses We next turn our attention to section 744.108 . . . Section 744.108(1) entitles “[a] guardian, or an attorney who has rendered services to the ward or to . . . Namely, in various subsections of section 744.108, the term “incapacitated person” is used; not once . . . See, e.g., § 744.108(2)(e), (h). . . .

L. LOSH, v. McKINLEY,, 106 So. 3d 1014 (Fla. Dist. Ct. App. 2013)

. . . See § 744.108(1), (2), Fla. . . .

In KESISH. v., 98 So. 3d 183 (Fla. Dist. Ct. App. 2012)

. . . .” § 744.108(1), Fla. Stat. (2010). . . . Section 744.108(2)(a)-(i) sets forth the criteria that the court shall consider in determining a reasonable . . .

In GUARDIANSHIP OF ANSLEY, a k a Co- M. M. P. A. v., 94 So. 3d 711 (Fla. Dist. Ct. App. 2012)

. . . THE LEGAL BACKGROUND Section 744.108(1), Florida Statutes (2010), provides that “an attorney who has . . . Section 744.108(2) lists a number of factors that the circuit court must consider in determining a reasonable . . . fee, and section 744.108(5) requires that “[a]ll petitions for ... attorney’s fees and expenses must . . .

MITCHELL Co- P. v. MITCHELL Co- P., 94 So. 3d 706 (Fla. Dist. Ct. App. 2012)

. . . standard in concluding that the legal services must be beneficial to the ward to be compensable, see § 744.108 . . .

In GUARDIANSHIP OF K. R. C. H. Jr. P. A. v. P. K. R. C., 83 So. 3d 932 (Fla. Dist. Ct. App. 2012)

. . . We hold, however, that section 744.108(8), Florida Statutes (2010), first adopted in 2003, supersedes . . . We reverse and remand for further proceedings in accordance with section 744.108. . . . SILBERMAN, C.J., and MORRIS, J., Concur. 1. § 744.108(2)(a)-(i) provides the criteria the trial court . . .

THORPE, v. M. MYERS, K. K. v. M. K. K., 67 So. 3d 338 (Fla. Dist. Ct. App. 2011)

. . . Thorpe and the petitioners’ attorneys are entitled to reasonable compensation under section 744.108, . . . The circuit court’s decision to deny them any fees was based both on its interpretation of section 744.108 . . . Section 744.108(2) continues by listing nine factors that the circuit court must consider when a petition . . . The clause in section 744.108(1) requiring the demonstration of the beneficial nature of the services . . . Discussion Under section 744.108(1), “an attorney is entitled to receive a reasonable attorney’s fee . . .

PRICE, v. AUSTIN,, 43 So. 3d 789 (Fla. Dist. Ct. App. 2010)

. . . . § 744.108(1), Fla. . . . .”); In re Guardianship of Shell, 978 So.2d 885, 890 (Fla. 2d DCA 2008) (Under section 744.108, the circuit . . . Guardianship of Peacock, 898 So.2d 1139, 1141 (Fla. 5th DCA 2005) (“Under section 744.108, in order to . . . Although Hays involved a different fee statute than the case before us, section 733.106(2) and section 744.108 . . . Section 744.108(1) provides for fees to "a guardian, or an attorney who has rendered services to the . . .

ACUNA v. DRESNER,, 41 So. 3d 997 (Fla. Dist. Ct. App. 2010)

. . . not have standing to participate in guardianship proceedings concerning attorney's fees under section 744.108 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . § 744.108, Fla. Stat. Guardians and attorneys fees and expenses. § 744.3085, Fla. Stat. . . .

In GUARDIANSHIP OF SHELL, v. M. Ad, 978 So. 2d 885 (Fla. Dist. Ct. App. 2008)

. . . Addressing first the issue of the guardian’s fees, we note that section 744.108(1), Florida Statutes . . . services, and the experience and abilities of the person performing the services, among other factors. § 744.108 . . . lack thereof, we cannot say that the probate court failed to consider the factors listed in section 744.108 . . .

McCONNAUGHHAY, DUFFY, COONROD, POPE WEAVER, P. A. v. LUTHERAN SERVICES, FLORIDA, INC., 979 So. 2d 1038 (Fla. Dist. Ct. App. 2008)

. . . Petitioner, a law firm seeking to recover fees and costs in a guardianship matter pursuant to section 744.108 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 964 So. 2d 140 (Fla. 2007)

. . . . § 744.108, Fla. Stat. Guardian’s and attorney’s fees and expenses. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 948 So. 2d 735 (Fla. 2007)

. . . . § 744.108, Fla. Stat. Guardian’s and attorney’s fees and expenses. Rule References Fla. Prob. . . . Costs. § 744.108, Fla. Stat. Guardian’s and attorney’s fees and expenses. Rule References Fla. . . .

F. HAYES, Jr. v. GUARDIANSHIP OF E. THOMPSON,, 952 So. 2d 498 (Fla. 2006)

. . . Applying this holding to guardianship proceedings concerning attorney’s fees under section 744.108, Florida . . . Section 744.108, which concerns guardian’s and attorney’s fees and expenses, states that “[a] guardian . . . Id. at 1143 n. 7 (quoting § 744.108, Fla. Stat. (1981)). . . . Because the heirs of the ward’s estate were not entitled to notice under section 744.108 and were not . . . Although section 744.108 does not specifically require that an “interested person” receive notice, a . . .

SNELL, Jr. v. GUARDIANSHIP OF H. SNELL,, 915 So. 2d 709 (Fla. Dist. Ct. App. 2005)

. . . The petition listed Berg as the sole petitioner and sought fees and costs pursuant to section 744.108 . . . Section 744.108(1) provides that ''[a] guardian, or an attorney who has rendered services to the ward . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

. . . . § 744.108, Fla. Stat. Guardian’s and attorney’s fees and expenses. Rule References Fla. Prob. . . .

BUTLER, v. GUARDIANSHIP OF S. PEACOCK,, 898 So. 2d 1139 (Fla. Dist. Ct. App. 2005)

. . . See § 744.108(1), Fla. Stat. (2002). . . . Under section 744.108, in order to be entitled to receive attorney fees’ the attorney services must benefit . . .

A. SHAPPELL, v. GUARDIANSHIP OF A. NAYBAR,, 876 So. 2d 690 (Fla. Dist. Ct. App. 2004)

. . . Guardianship of Schacter, 756 So.2d 1075, 1076 (Fla. 4th DCA 2000) (citing section 744.108(1), Florida . . .

In GUARDIANSHIP OF H. SAPP. O v., 868 So. 2d 687 (Fla. Dist. Ct. App. 2004)

. . . . § 744.108(1), Fla. Stat. (2002); Cilley v. . . . The requirement of section 744.108(5) is mandatory.' . . . See § 744.108(1); Lucom, 97 So.2d at 481; Schacter, 756 So.2d at 1076; Ash, 448 So.2d at 607-08. . . . Such cryptic entries were completely inadequate to satisfy the requirement of section 744.108(5) that . . . Section 744.108(5) provides that the guardian’s petition for fees and expenses must be accompanied by . . .

In GUARDIANSHIP OF KING, L. v., 862 So. 2d 869 (Fla. Dist. Ct. App. 2003)

. . . to determine the amount of fees and costs Essenson should be awarded based on the factors in section 744.108 . . .

CAROLE KING, v. FERGESON, SKIPPER, SHAW, KEYSER, BARON, TIRABASSI, P. A., 862 So. 2d 873 (Fla. Dist. Ct. App. 2003)

. . . Section 744.108(1) limits attorney’s fees to those incurred by “an attorney who has rendered services . . . Section 744.108(2) then lists nine factors that the trial court must consider in making an award of attorney . . . Nothing in either section 744.108(1) or 744.108(2) entitles a party to an award of attorney’s fees from . . . appeal, Fergeson, Skipper argues that the attorney’s fees in question were not awarded under section 744.108 . . . First, the trial court’s order specifically references the criteria set forth in section 744.108(2). . . . Skipper, Shaw, Key-ser, Baron, and Tirabassi, P.A.’s, motion for attorney’s fees, pursuant to section 744.108 . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 744.108, Fla. Stat. Guardian’s and attorney’s fees and expenses. Rule References Fla. Prob. . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 824 So. 2d 849 (Fla. 2002)

. . . . § 744.108, Fla. Stat. Guardian’s and attorney’s fees and expenses. Rule References Fla. Prob. . . .

SCHACTER, v. GUARDIANSHIP OF SCHACTER,, 756 So. 2d 1075 (Fla. Dist. Ct. App. 2000)

. . . . § 744.108(1), Fla. Stat. (1999); Lucom v. . . . Upon remand the court shall reconsider the petition, applying the criteria set forth in section 744.108 . . .

In GUARDIANSHIP SITTER. v., 779 So. 2d 346 (Fla. Dist. Ct. App. 2000)

. . . We note that section 744.108, Florida Statutes (1997), which governs fee allowances for guardians’ and . . .

In GUARDIANSHIP OF A. COSIO, W. v. f k a H. Jr., 753 So. 2d 134 (Fla. Dist. Ct. App. 2000)

. . . Section 744.108, Florida Statutes (1995), authorizes an award of guardian and attorney’s fees, but that . . .

NELSON LA FEMINA, P. A. v. GUARDIANSHIP OF PLATSKY,, 745 So. 2d 1057 (Fla. Dist. Ct. App. 1999)

. . . See § 744.108, Fla. Stat. (1999); McGinnis v. . . .

MOGUL, v. MOGUL,, 730 So. 2d 1287 (Fla. Dist. Ct. App. 1999)

. . . Section 744.108 authorizes an award of attorney’s fees against the incompetent spouse. . . .

ZEPEDA Jo v. B. KLEIN,, 698 So. 2d 329 (Fla. Dist. Ct. App. 1997)

. . . court’s order finding that the majority of the services Klein performed were recoverable under section 744.108 . . . Klein spent after April 4 to collect his fees from the estate, the remaining issue is whether section 744.108 . . . The authorizing statute in this case, section 744.108(1), provides: A guardian, or an attorney who has . . . Platt’s construction of so similar a statute compels the conclusion that section 744.108(1) does not . . . There has been no similar amendment to section 744.108. . . .

SUGARMAN, v. GALBUT,, 693 So. 2d 640 (Fla. Dist. Ct. App. 1997)

. . . On June 2, 1995, Galbut’s attorney filed a motion below for attorney’s fees under § 744.108 and § 57.105 . . . Accordingly, whatever award is ultimately made by the trial court must be based on section 744.108, Florida . . . Morgan was based on section 57.105 or section 744.108, Florida Statutes. . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 683 So. 2d 78 (Fla. 1996)

. . . . § 744.108, Fla.Stat. Guardian’s and attorney’s fees and expenses. . . .

ANDERSON v. SUN TRUST BANK NORTH,, 679 So. 2d 307 (Fla. Dist. Ct. App. 1996)

. . . Appellants contend additionally that appellee failed to comply with section 744.108(5), Florida Statutes . . . and Exhibit A attached thereto are insufficient to comply with the mandatory requirement of section 744.108 . . .

In GUARDIANSHIP OF NEHER. NEHER, v. NEHER,, 659 So. 2d 1294 (Fla. Dist. Ct. App. 1995)

. . . Section 744.108(2), Florida Statutes (1998), sets forth the criteria to be considered in establishing . . .

SUN BANK AND TRUST COMPANY, v. G. JONES,, 645 So. 2d 1008 (Fla. Dist. Ct. App. 1994)

. . . The Guardianship Estates of Campbell, 466 So.2d 431 (Fla. 5th DCA 1985); § 744.108(3), Fla.Stat. . . .

In GUARDIANSHIP OF E. SCHOYAHN, PANNO, v. PERRY,, 637 So. 2d 81 (Fla. Dist. Ct. App. 1994)

. . . Although section 744.108, Florida Statutes (1992) entitles the attorney and guardian to a reasonable . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . F.S. 744,424 Attorney’s fees and expenses,§ 744.108, Fla.Stat. . . . Costs. § 744.108, FIa.Stat. Guardian’s and attorney’s fees and expenses. . . .

McGINNIS, v. KANEVSKY,, 564 So. 2d 1141 (Fla. Dist. Ct. App. 1990)

. . . Section 744.108, Florida Statutes (1981) provided: A guardian of the person or of the property shall . . . It provides in section 744.108(5), Florida Statutes (1989): (5) A petition for fees or expenses may not . . .

HOLMAN, v. GUARDIANSHIP OF FERBER,, 528 So. 2d 987 (Fla. Dist. Ct. App. 1988)

. . . 97 So.2d 478, 481 (Fla.1957); In re Guardianship of Berg, 348 So.2d 361, 362 (Fla. 2d DCA 1977); § 744.108 . . .

IN RE HIRSCH, 28 Fla. Supp. 2d 102 (Fla. Cir. Ct. 1988)

. . . Florida Statute 744.108 has specifically set forth the criteria whereby guardians are to be paid a reasonable . . .

IN RE GUARDIANSHIP OF BETTY V. CHADWICK,, 20 Fla. Supp. 2d 72 (Fla. Cir. Ct. 1986)

. . . S. 744.108, Guardians Fee, the following: “A guardian of the person or of the property shall receive . . .

IN RE GUARDIANSHIP OF SCHWARZMANN, 17 Fla. Supp. 2d 1 (Fla. Cir. Ct. 1986)

. . . F.S.744.108 provides: “A guardian of the person or of the property shall receive a reasonable fee for . . .

PALMER IV, O O v. H. HORTON, Ad O O H. O Jr. O H. O III,, 469 So. 2d 903 (Fla. Dist. Ct. App. 1985)

. . . See § 744.108, Fla.Stat. (1983). . . . .

In GUARDIANSHIP OF K. JANSEN, 405 So. 2d 1074 (Fla. Dist. Ct. App. 1981)

. . . A guardian’s fee must be reasonable, § 744.108, and legal services, in order to be compensated for, must . . .

GAMSE, v. TOUBY C., 382 So. 2d 115 (Fla. Dist. Ct. App. 1980)

. . . Pursuant to Section 744.108, Florida Statutes (1977). . . .