Shuck v. Smalls

Introduction

These consolidated cases involve fee awards in a probate matter.1 In Case Number 4D10-206, Charles W. Shuck, Carol Shuck, and Sandra Shuck appeal from a final judgment awarding fees and costs to appellees Wayne Smalls and Wintter & Associates under sections 57.105 and 733.106, Florida Statutes, in litigation appellants brought to challenge the decedent’s will. On cross-appeal, ap-pellees argue that the trial court should have calculated prejudgment interest, awarded attorney’s fees under section 57.105 from the inception of the case, and assessed 50% of the fees against…