The 2023 Florida Statutes (including Special Session C)
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. . . be awarded against a surety on a guardianship bond under section 627.428, the provision of section 744.357 . . . incurred because the surety unreasonably delayed the payment of a claim was “not protected by section 744.357 . . . therefore, held that awards of attorneys’ fees in such cases were limited by the mandate of section 744.357 . . . The language of section 744.357 providing that “[n]o surety for a guardian shall be charged beyond the . . . This is distinguishable from Nichols and the instant case; in Nichols, section 744.357 provided such . . .
. . . be awarded against a surety on a guardianship bond under section 627.428, the provision of section 744.357 . . . incurred because the surety unreasonably delayed the payment of a claim was “not protected by section 744.357 . . . therefore, held that awards of attorneys’ fees in such cases were limited by the mandate of section 744.357 . . . Even though the question certified to this Court addresses a performance bond to which section 744.357 . . . The Nichols decision, however, rests entirely on section 744.357’s limit to total recovery under guardianship . . .
. . . Nichols also concluded that section 744.357, Florida Statutes (1995), does not preclude an award of attorneys . . . Section 744.357, Florida Statutes (1995) provides: “No surety for a guardian shall be charged beyond . . .
. . . The district eourt found, however, that section 744.357, Florida Statutes (1995), limited any such fees . . . awarded under section 627.428, we must next address whether such attorney’s fees are limited by section 744.357 . . . In this regard, we disagree with the district court’s conclusion that section 744.357 limits the damages . . . As previously stated, section 744.357 provides that “[n]o surety for a guardian shall be charged beyond . . . claim based solely on this negligence are limited to the face amount of the bond pursuant to section 744.357 . . .
. . . including attorney fees but not interest, may not exceed the penal sum of the bond, citing section 744.357 . . . appellee is entitled to an award of attorney fees to be paid by appellant, but we find that section 744.357 . . .