Heitman v. Caceres

District Court of Appeal of Florida

Heitman v. Caceres

725 So. 2d 1146, 1998 Fla. App. LEXIS 13929, 1998 WL 771438

CourtDistrict Court of Appeal of Florida

DecidedNovember 4, 1998

DocketNo. 98-1115

StatusPublished

This text of 725 So. 2d 1146 (Heitman v. Caceres) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Heitman v. Caceres, 725 So. 2d 1146, 1998 Fla. App. LEXIS 13929, 1998 WL 771438 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Jeanette Lett Heitman appeals an order denying her motion for attorney’s fees pursuant to Section 57.105, Florida Statutes (1997), after the trial court dismissed appellee Alicia Caceres’ petitions for probate and ancillary administration of Ronald Lett’s estate. Because the appellee had already initiated probate proceedings in Costa Rica, and because those proceedings were still pending, we find no basis in law or fact for the appellee’s petitions here. See Loewenthal v. Mandell, 125 Fla. 685, 170 So. 169 (Fla.1936). Accordingly, we reverse and remand with directions to the trial court to award the appellant attorney’s fees pursuant to Section 57.105, Florida Statutes (1997). See Davis v. Christmas, 705 So.2d 38 (Fla. 3d DCA 1997).

Reversed and remanded with directions.

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PER CURIAM.

Jeanette Lett Heitman appeals an order denying her motion for attorney’s fees pursuant to Section 57.105, Florida Statutes (1997), after the trial court dismissed appellee Alicia Caceres’ petitions for probate and ancillary administration of Ronald Lett’s estate. Because the appellee had already initiated probate proceedings in Costa Rica, and because those proceedings were still pending, we find no basis in law or fact for the appellee’s petitions here. See Loewenthal v. Mandell, 125 Fla. 685, 170 So. 169 (Fla.1936). Accordingly, we reverse and remand with directions to the trial court to award the appellant attorney’s fees pursuant to Section 57.105, Florida Statutes (1997). See Davis v. Christmas, 705 So.2d 38 (Fla. 3d DCA 1997).

Reversed and remanded with directions.

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725 So. 2d 1146, 1998 Fla. App. LEXIS 13929, 1998 WL 771438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heitman-v-caceres-fladistctapp-1998.

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