Butler v. Guardianship of Peacock, 30 Fla. L. Weekly D889 (Fla. 5 DCA April 1, 2005) (Compensation Disputes) Marion County Circuit Court Judge Brian D. Lambert ruled that under F.S. § 2004->Ch0744->Section%20108#0744.108″>744.108(1) a petitioner seeking an order to determine the incapacity of her mother was entitled to an award of attorney’s fees and costs incurred in the guardianship proceedings up to the date the petitioner’s siblings objected to her being appointed guardian . . . fees and costs incurred thereafter were not for “services rendered on [the ward’s] behalf.” The Fifth DCA upheld the trial court’s ruling under the “competent substantial evidence” standard:
The determination of the amount of guardian fees or attorney’s fees to be awarded as compensation for services rendered is within the discretion of the trial court and that determination will not be disturbed on appeal unless there is a lack of competent substantial evidence to support the award. Gamse v. Touby, 382 So.2d 115 (Fla. 3d DCA 1980).