Frazier v. Brechler

District Court of Appeal of Florida

Frazier v. Brechler

868 So. 2d 673, 2004 Fla. App. LEXIS 4081, 2004 WL 624954

District Court of Appeal of Florida·Decided March 31, 2004·No. No. 1D03-290, 1D03-1718·Published

Opinion

PER CURIAM.

We have before us a ease involving the refund of federal income tax to Appellee as the surviving spouse of Martha S. Bre-chler. We affirm all issues raised in this appeal, except one. We reverse and remand to the trial court to conduct an evi-dentiary hearing to determine the appropriate amount of interim attorney’s fees for non-litigation services due to Appellee, as personal representative, pursuant to the factors contained in section 733.6171, Florida Statutes (2001).

AFFIRMED in part; REVERSED in part, and REMANDED.

ERVIN and BOOTH, JJ., and SMITH, LARRY G., Senior Judge, concur.

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PER CURIAM.

We have before us a ease involving the refund of federal income tax to Appellee as the surviving spouse of Martha S. Bre-chler. We affirm all issues raised in this appeal, except one. We reverse and remand to the trial court to conduct an evi-dentiary hearing to determine the appropriate amount of interim attorney’s fees for non-litigation services due to Appellee, as personal representative, pursuant to the factors contained in section 733.6171, Florida Statutes (2001).

AFFIRMED in part; REVERSED in part, and REMANDED.

ERVIN and BOOTH, JJ., and SMITH, LARRY G., Senior Judge, concur.

Frazier v. Brechler, 868 So. 2d 673, 2004 Fla. App. LEXIS 4081, 2004 WL 624954 (Fla. Ct. App. 2004).

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