The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . See § 733.609(1), Fla. . . .
. . . . § 733.609, Fla. Stat. . . .
. . . . § 733.609(1) states, “A personal representative’s fiduciary duty is the same as the fiduciary duty . . .
. . . P. 1.525 [and] Sections 86.081, 733.106, [and] 733.609, Florida Statutes [ (2009) ].” . . . .” • Section 733.609(1) states, in pertinent part: “In all actions for breach of fiduciary duty or challenging . . . , the court shall award taxable costs as in chancery actions, including attorney’s fees.” • Section 733.609 . . . court erred based upon the trustee having filed her motion for attorney’s fees pursuant to section 733.609 . . .
. . . Stat. (2014); see also § 733.609(1), Fla. . . . In In re Estate of Pearce, 507 So.2d 729 (Fla. 4th DCA 1987), we said: Inasmuch as section 733.609 likens . . .
. . . . §§ 733.609(1), 733.901(1)-(2). . . .
. . . See § 733.609(1), (2), Fla. Stat. . . .
. . . In Langer, we reversed the trial court’s entry of fees under sections 733.609 and 733.619, Florida Statutes . . .
. . . Under Section 733.609(1), Florida Statutes, a personal representative is liable to interested persons . . .
. . . The trial court awarded the brother attorney’s fees against Jeanne under sections 733.609 and 733.106 . . . Section 733.609 is inapplicable since the third party complaint was not an action “for breach of fiduciary . . . duty or challenging the exercise of or failure to exercise a personal representative’s powers.” § 733.609 . . .
. . . hearing, Fels argued entitlement to fees on the grounds listed in his motion as well as under sections 733.609 . . . i) section 733.106(3), authorizing fees when services have been rendered to an estate; (ii) section 733.609 . . . torts committed in the course of administration of the estate if personally at fault. §§ 733.106(3), 733.609 . . . After a second hearing, the trial court concluded that Fels was entitled to fees pursuant to sections 733.609 . . . of that appeal, Fels moved for an award of appellate attorney’s fees pursuant to sections 733.106, 733.609 . . .
. . . . § 733.609, Fla. Stat. . . .
. . . . § 733.609, Fla. Stat. . . .
. . . . § 733.609(1). . . . Stat. §§ 733.602(1), 733.608(l)(c), 733.609(1); Quaif 4 F.3d at 955. . . .
. . . See § 733.609; see also Landon v. . . . See § 733.609. Reversed. SALCINES, J„ Concurs. VILLANTI, J., Concurs specially. . . . .
. . . . § 733.609, Fla. Stat. . . .
. . . appeal, as well as future action in the court below, must be imposed against her pursuant to section 733.609 . . . Section 733.609, Florida Statutes (2000) provides: If the exercise of power concerning the estate is . . .
. . . See § 733.609, Fla. Stat. (1997); Pearson v. DeLamerens, 656 So.2d 217 (Fla. 3d DCA 1995). . . .
. . . See, e.g., §§ 733.609, 733.610, 733.619, Fla. Stat. . . .
. . . Finally, the order refers to sections 733.106 and 733.609, Florida Statutes (1995), in addition to Section . . . The trial court should also clarify the application of sections 733.106 and 733.609, Florida Statutes . . .
. . . See § 733.609, Florida Statutes (1987). . . . establish an improper exercise of the personal representative’s power within the meaning of section 733.609 . . .
. . . The court based the denial of attorney’s fees under sections 737.627 and 733.609, Florida Statutes (1995 . . .
. . . The Landon court construed section 733.609, Florida Statutes (1993), not section 733.106(2), and held . . .
. . . . § 733.106(1), Fla.Stat. (1997); § 733.609, Fla.Stat. (1997); Dayton v. . . .
. . . Section 733.609, Florida Statutes (1993) provides: If the exercise of power concerning the estate is . . .
. . . transaction or it was approved by the court after notice to all interested persons, and by section 733.609 . . . Statutory References § 733.609, Fla.Stat. . . .
. . . establish the validity of his claim against the estate (count I) as well as damages, pursuant to section 733.609 . . . record before us, we hold that neither of these acts gives rise to a claim for damages under section 733.609 . . . asserting a claim against an estate are items of "damage or loss” as those terms are used in section 733.609 . . .
. . . See §§ 733.602, 733.609, 733.610, 733.619, Fla.Stat. (1993); cf. Continental Nat’l Bank v. . . .
. . . Stokus and Olson filed a motion to tax attorney’s fees and costs in accordance with section 733.609, . . . Florida Statute Section 733.609 is the surcharge provision of the Florida Probate Code, according to . . .
. . . Eileen Brake appeals an order surcharging her pursuant to section 733.609, Florida Statutes (1991), for . . . resulting from a breach of his fiduciary duty to the same extent as a trustee of an express trust.” § 733.609 . . .
. . . . § 733.609, Fla.Stat. (1991). . . .
. . . .-602; 733.609; 733.612(20), (24), (26). . . .
. . . FJ§t§ 733.609, Fla.Stat. . . . transaction or it was approved by the court after notice to all interested persons, and by Flection 733.609 . . . Statutory References ftSrg 733.609, FIa.Stat. . . .
. . . could be set off on a pro rata basis in relation to the individual claims. .We have not ignored section 733.609 . . .
. . . While section 733.609 provides that “[i]f the exercise of power concerning the estate is improper or . . .
. . . . § 733.609 (West 1976), and governed by the four year statute of limitations for statutory causes of . . .
. . . The award was based on section 733.609, Florida Statutes (1987) and section 733.106(3), Florida Statutes . . . Count I of the petition was a claim for attorney’s fees under section 733.609, Florida Statutes. . . . Gastel contends appellees are not entitled to attorney’s fees under section 733.609, Florida Statutes . . . Appellees claim that attorney’s fees were properly awarded pursuant to section 733.609, Florida Statutes . . . Section 733.609 Florida Statutes, provides: If the exercise of power concerning the estate is improper . . .
. . . F.S. 733.609 Improper exercise of power; breach of fiduciary duty. . . . See also F.S. 733.609 (Breach of Duty). RULE 5.340. INVENTORY (a) Contents and tiling. . . . the transaction or it was approved by the court after notice to all interested persons, and by F.S. 733.609 . . . Statutory References F.S. 733.609 Improper exercise of power; breach of fiduciary duty. . . .
. . . F.S. 733.609 Improper exercise of power; breach of fiduciary duty. . . . See also F.S. 733.609 (Breach of Duty). . . . the transaction or it was approved by the court after notice to all interested persons, and by F.S. 733.609 . . . Statutory References F.S. 733.609 Improper exercise of power; breach of fiduciary duty. . . .
. . . The claim for attorney’s fees under section 733.609, Florida Statutes (1985) filed by the out-of-state . . .
. . . . § 733.609 (West 1976). Such an action is governed by a four-year statute of limitations. . . .
. . . . § 733.609. . . .
. . . Anderson, 468 So.2d 528 (Fla. 3d DCA 1985), pet. for review denied, 476 So.2d 672 (Fla.1985); § 733.609 . . .
. . . Appellees point out that according to section 733.609, Florida Statutes (1983), a personal representative . . . Section 733.609, Florida Statutes (1983), reads as follows: Improper exercise of power; breach of fiduciary . . . We refer to the nature of the other nearby sections of the part to provide a context for section 733.609 . . . It is to be noted that the first sentence of section 733.609 makes “the personal representative ... liable . . . We believe section 733.609 provides for holding a personal representative accountable for malfeasance . . .
. . . See generally § 733.609, Fla.Stat. (1983). . . . An action for breach of fiduciary duty is founded upon a statutory liability, § 733.609, Fla.Stat. (1983 . . . Beck, 383 So.2d 268 (Fla. 3d DCA 1980); § 733.609, Fla.Stat. (1983). . . .
. . . of the decedent’s estate and assessing attorney’s fees against appellant under sections 57.105 and 733.609 . . . trial court assessed attorney’s fees in the amount of $4,700 against appellant pursuant to section 733.609 . . . unsuccessful challenge to the proper exercise of the personal representative’s powers under section 733.609 . . .
. . . . § 733.609. . . .
. . . , Jr.’s estate in Volusia County, she becomes personally liable to interested persons under section 733.609 . . .
. . . The court also found plaintiff was entitled under § 733.106 and § 733.609, Florida Statutes, to her reasonable . . .
. . . tacitly tried as a petition to hold the personal representative personally liable pursuant to Section 733.609 . . . The order also retained jurisdiction to tax attorney’s fees in favor of Dawn [§ 733.609, Fla.Stat. (1977 . . .
. . . See also FPC 733.609 (Breach of Duty). . . .
. . . Credit) (7) FPC 733.612(24) (Distribution and Discharge) (8) FPC 733.502 (Resignation) See Also FPC 733.609 . . .