Barden v. Pappas

HARRIS, Judge.

The continuing dispute between the heirs of Louis Pappas is again before us. In Barden v. Pappas, 532 So.2d 707 (Fla. 5th DCA 1988), this court held that the widow holding a life estate could not partition property against the stepdaughter’s remainder interest. The partition sale was set aside and the case was remanded for the imposition of attorneys fees for the remainderman’s attorney.

On remand, the trial judge concluded that the attorneys fees were award*756ed pursuant to Section 64.081, Florida Statutes (1987) and awarded $3,500. He then prorated the fee against the parties,…