King v. Fergeson, Skipper, Shaw, Keyser, Baron, & Tirabassi, P.A.

VILLANTI, Judge,

Specially concurring.

I fully concur in the majority’s decision to remand this case to the trial court for a new hearing with proper notice to all interested parties. I write to address the issue of entitlement to attorney’s fees because that issue is likely to arise again on remand.

Section 744.108(1) limits attorney’s fees to those incurred by “an attorney who has rendered services to the ward or to the guardian on the ward’s behalf’ and to those fees and costs “incurred on behalf of the ward.” Section 744.108(2) then lists nine factors that the trial court must consider in…