Wintter & Associates, P.A. v. Kanowsky, — So.2d —-, 2008 WL 4643358 (Fla. 4th DCA Oct 22, 2008)

If all you’re asking a probate court to do is exercise its in rem jurisdiction over the assets of a trust …

Donkersloot v. Donkersloot, — So.2d —-, 2008 WL 4647415 (Fla. 2d DCA Oct 22, 2008)

Civil Procedure Rule 1.525 governs the mechanics of attorney’s fee motions in general commercial litigation.  Here’s what the rule says:

Any party seeking a

Duncombe v. Adderly, — So.2d —-, 2008 WL 4489234 (Fla. 4th DCA Oct 08, 2008)

If a beneficiary of an estate wants to get his attorney’s fees paid with assets of the estate, the statute he’ll have to hang …

Demello ex rel. Jerome Adams Trust, Irene V. Adams Trust v. Buckman, — So.2d —-, 2008 WL 2906652 (Fla. 4th DCA Jul 30, 2008)

In the linked-to case the beneficiary of a trust successfully sued her trustee for breach of …

Payment of trustee attorneys’ fees when defending breach-of-duty claims has been a hot topic over the last few years due to appellate decisions out of the 3rd and 4th DCA’s that were decidedly non-trustee friendly [click here, here].  …

Wagner, Vaughn, McLaughlin & Brennan, P.A. v. Kennedy Law Group, — So.2d —-, 2008 WL 2668801 (Fla. 2d DCA Jul 09, 2008)

Ever wonder why your friendly neighborhood plaintiff’s lawyer gets a bit tense when he hires you to …

Nasser v. Nasser, — So.2d —-, 2008 WL 239073 (Fla. 4th DCA Jan 30, 2008)

Fees and costs.  Attorneys say those words all the time, and we can all agree on what we mean by the word "fees," even when …

The Florida Bar ethics rules governing contingent fee agreements are found in Rule 4-1.5(f).  Other than in divorce and criminal-defense cases [Rule 4-1.5(f)(3)], contingent fees are acceptable in any form of litigation, including contested probate proceedings.  Another point to …