Baumann v. Estate of Blum, 30 Fla. L. Weekly D842 (Fla. 2 DCA March 30, 2005) (Trial Court Reversed) Getting paid fairly for the work you do is sometimes merely an “aspirational” goal for attorneys. It doesn’t have to be that way . . . especially when the law says you’re entitled to payment. In this case, the personal representative objected to the fees his own attorney petitioned for. Hillsborough County Circuit Court Judge Susan Sexton referred the matter to a general master and then simply adopted the general master’s report and recommendations wholesale without conducting a hearing. In the course of reversing the trial court, the Second DCA provides very valuable guidance for any attorney trying to make sure he or she gets paid for services rendered.
Continue Reading When the statute says the personal representative’s attorney “shall” be paid for services rendered, that’s what it means, and it’s reversible error for a court to rule otherwise