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2d DCA: Can a judge cut your attorney’s fees in a contested guardianship proceeding without explaining why?

By Juan C. Antúnez on March 13, 2013

In re Guardianship of Ansley, 94 So.3d 711 (Fla. 2d DCA…
Continue Reading 2d DCA: Can a judge cut your attorney’s fees in a contested guardianship proceeding without explaining why?

4th & 5th DCA: How to draft attorney’s fees and costs orders that won’t get reversed on appeal

By Juan C. Antúnez on February 4, 2013

Bishop v. Estate of Rossi, — So.3d —- 2013 WL 132449…
Continue Reading 4th & 5th DCA: How to draft attorney’s fees and costs orders that won’t get reversed on appeal

4th DCA: Can filing a time-barred will contest get you (and your lawyer) sanctioned?

By Juan C. Antúnez on December 27, 2012

Shuck v. Smalls, — So.3d —-, 2012 WL 6027820 (Fla. 4th…
Continue Reading 4th DCA: Can filing a time-barred will contest get you (and your lawyer) sanctioned?

Are “discharge clauses” in probate contingency fee agreements enforceable?

By Juan C. Antúnez on October 24, 2011

The Florida Bar ethics rules governing contingent fee agreements are found in…
Continue Reading Are “discharge clauses” in probate contingency fee agreements enforceable?

When can a probate judge assess the winning side’s attorney’s fees against a litigant for bad faith, wrongdoing or frivolousness?

By Juan C. Antúnez on October 17, 2011

In both F.S. § 733.106(4) and F.S. § 733.6175(2), a probate…
Continue Reading When can a probate judge assess the winning side’s attorney’s fees against a litigant for bad faith, wrongdoing or frivolousness?

3d DCA: Attorney’s fee order without supporting detailed findings is per se wrong and subject to reversal

By Juan C. Antúnez on December 19, 2010

Johnson v. Amritt, — So.3d —-, 2010 WL 4861745 (Fla. 3d DCA Dec…
Continue Reading 3d DCA: Attorney’s fee order without supporting detailed findings is per se wrong and subject to reversal

1st DCA: Does Rule 1.525’s 30-day deadline for attorney’s fee motions apply to contested guardianship proceedings?

By Juan C. Antúnez on August 14, 2010

Price v. Austin, — So.3d —-, 2010 WL 3120212 (Fla. 1st…

Continue Reading 1st DCA: Does Rule 1.525’s 30-day deadline for attorney’s fee motions apply to contested guardianship proceedings?

Who’s Charging What for Trust Services?

By Juan C. Antúnez on April 6, 2010

If you’re an estate planner, it’s not unusual to get asked if…

Continue Reading Who’s Charging What for Trust Services?

“No fee for you!” Out-of-state lawyer forfeits million-dollar payday in trust litigation

By Juan C. Antúnez on February 21, 2010

Morrison v. West, — So.3d —-, 2010 WL 532792 (Fla. 4th…

Continue Reading “No fee for you!” Out-of-state lawyer forfeits million-dollar payday in trust litigation

4th DCA: How far can you cut attorney fees before it’s an abuse of discretion?

By Juan C. Antúnez on June 26, 2009

Glantz and Glantz, P.A. v. Chinchilla, — So.3d —-, 2009 WL…

Continue Reading 4th DCA: How far can you cut attorney fees before it’s an abuse of discretion?

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Annual Survey of Florida Trusts + Estates Law

This is my running list of significant trust, probate and guardianship related appellate opinions since 2005. If you think I've missed an important appellate decision that deserves wider notice, please let me know. As new appellate decisions are published I'll add them to the list.

    2023 . . . The Year in Review

    2022 . . . The Year in Review

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The Florida Probate & Trust Litigation Blog is authored by Juan Antúnez of Stokes McMillan Antúnez Martinez-Lejarza P.A

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