Legal Opinion

Levin v. Levin

District Court of Appeal of Florida

Decided August 10, 2011No. Nos. 4D09-5143, 4D09-5145Published

1Per curiam

In this probate case, appellant appeals a judgment assessing attorney’s fees against her share of the estate as well as an order taxing costs against her. The trial court did not make the requisite finding of any bad faith, wrongdoing, or frivolousness before awarding fees against appellant’s share of the estate. See Geary v. Butzel Long, P.C., 13 So.3d 149 (Fla. 4th DCA 2009); In re Estate of Lane, 562 So.2d 352 (Fla. 4th DCA 1990). Accordingly, we reverse and remand for the trial court to determine, either from the record or after an evidentiary hearing, whether appellant engaged in any bad…

2Cases cited3 opinions

  1. In re Estate of LaneDistrict Court of Appeal of Florida · 1990
  2. Levin v. LevinDistrict Court of Appeal of Florida · 2011
  3. Geary v. Butzel Long, P.C.District Court of Appeal of Florida · 2009

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