McMonigle v. McMonigle

DAVIS, Judge.

Robert A. McMonigle challenges the trial court’s final judgment granting attorney’s fees to Ronald J. McMonigle, as Personal Representative of the Estate of John E. McMonigle, Sr. (“the Estate”), pursuant to section 57.105, Florida Statutes (1997).1 We reverse.

Robert A. McMonigle and Ronald J. McMonigle are two of the four children of John E. McMonigle, Sr. (“the Decedent”). By the terms of his will, the Decedent devised his estate to his four children in equal shares and named Ronald as Personal Representative.

Prior to his death, the Decedent had certain physical limitations…