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In re Estate of Lopez

District Court of Appeal of Florida, Fourth District
Mar 19, 1982
410 So. 2d 618 (Fla. Dist. Ct. App. 1982)

Summary

reversing the fee order and remanding for further hearing where the record did not disclose substantial competent evidence of the services performed by the attorney or appraiser nor the reasonable value of those services

Summary of this case from Harris v. Estate of Harris

Opinion

Nos. 81-486, 81-487.

March 3, 1982. Rehearing Denied March 19, 1982.

Appeal from the Circuit Court, Broward County, William Clayton Johnson, J.

Joseph A. McGowan, Miami, for appellant Floridalma Solis-Lopez, individually and as the surviving widow of the decedent, Miguel Lopez.

John R. Hargrove of McCune, Hiaasen, Crum, Ferris Gardner, P.A., Fort Lauderdale, for appellee Century Nat. Bank of Broward.


This is a consolidated appeal by the decedent's widow from two orders entered by the trial court upon motions of the appellee personal representative. Appellee's initial motion sought authorization to pay an attorney's fee and costs as well as an appraiser's fee with regard to real property in Guatemala. The second sought direction with respect to making payments on mortgages encumbering real property in Guatemala.

Appellant has demonstrated error as to the reasonableness of the attorney's fee and the appraiser's fee. The record does not disclose substantial competent evidence of the services performed by the attorney or appraiser nor the reasonable value of those services. Such evidence as to both elements is essential to an award for fees. Cohen v. Cohen, 400 So.2d 463 (Fla. 4th DCA 1981). Therefore, we reverse the award of the attorney's fee and appraiser's fee and remand for further hearing.

Finding no error in the trial court's order as to payments on the Guatemalan property, we affirm same.

DOWNEY, GLICKSTEIN and DELL, JJ., concur.


Summaries of

In re Estate of Lopez

District Court of Appeal of Florida, Fourth District
Mar 19, 1982
410 So. 2d 618 (Fla. Dist. Ct. App. 1982)

reversing the fee order and remanding for further hearing where the record did not disclose substantial competent evidence of the services performed by the attorney or appraiser nor the reasonable value of those services

Summary of this case from Harris v. Estate of Harris

reversing orders awarding attorney's fee and appraiser's fee due to lack of competent substantial evidence of services performed and reasonable value of services, and remanding for further hearing

Summary of this case from Rodriguez v. Campbell
Case details for

In re Estate of Lopez

Case Details

Full title:IN RE THE ESTATE OF MIGUEL LOPEZ, DECEASED

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 19, 1982

Citations

410 So. 2d 618 (Fla. Dist. Ct. App. 1982)

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