Monarchcare, Inc. v. Guardianship of Block

204 So. 3d 508, 2016 Fla. App. LEXIS 11708
CourtDistrict Court of Appeal of Florida
DecidedAugust 3, 2016
DocketNo. 4D15-4037
StatusPublished

This text of 204 So. 3d 508 (Monarchcare, Inc. v. Guardianship of Block) 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.

Bluebook
Monarchcare, Inc. v. Guardianship of Block, 204 So. 3d 508, 2016 Fla. App. LEXIS 11708 (Fla. Ct. App. 2016).

Opinion

WARNER, J.

Appellant, MonarchCare, Inc., as co-guardian of ward Sanford H. Block, appeals a trial court order authorizing payment of the guardian’s fee and expenses. In authorizing fees, the trial court reduced the hourly rate previously allowed to the guardian and reduced the number of hours. MonarchCare contends that the court erred because it based the reduced rate on a prior judge’s prospective announcement that MonarchCare’s fees would be reduced. While we agree with MonarchCare that the prior judge’s prospective order was not- authorized, - the judge who decided the fees made a thorough review of the services. Nevertheless, the hourly rate ultimately adopted by the trial court is not supported by the evidence. We thus reverse and remand for reconsideration of the fee.

In 2012, appellee Sharon Fein and appellant MonarchCare were appointed as co-guardians of appellee Mr. Block, following Mr. Block being adjudicated partially incapacitated.1 From 2012 to 2015, Mon-archCare was generally awarded fees at a rate of $95 per hour, although it sometimes billed at a rate of $50 an hour or no charge for small amounts of time within each billing cycle. Fein generally billed and the court authorized, $45 or $50 per hour for her time. From its appointment in October 2012 through November 2014, Mon-archCare received a total of $21,567.97. Fein received considerably less.

In' April of 2015, the presiding judge, Judge Gillen, called a hearing to review the guardian fees, because, commendably, the court was concerned about the amount of fees generated on what appeared to be a routine guardianship. The ward’s attorney explained that the use of co-guardians, which was a concession to the ward’s family, was causing the high fees. The attorney was himself concerned ábout the amount of fees, as the ward was healthy and the fees would eat away at his income and assets over time. He also complained that MonarchCare was billing at its higher rate for routine administrative tasks that Fein, as co-guardian, could perform at her lower rate. MonarchCare responded that under its management, the ward’s assets were actually increasing, not decreasing. The ward’s attorney suggested that the billing rates for both co-guardians should be the same. After reviewing prior awards, the court granted the pending fee request at the $95 rate. In the order, however, it prospectively capped 'both Fein’s and MonarchCare’s rate at $45 per hour, although at the hearing,. Judge Gillen expressed some misgiving as to his authority to prospectively reduce the rate.

Subsequently, MonarchCare submitted another request for guardian fees -for 16,3 [510]*510hours at $95 per hour. This request was heard by a successor trial judge, Judge Ticktin. An evidentiary hearing was held. At first, Judge Ticktin questioned why she should not simply rely on the prior prospective order of Judge Gillen, setting an hourly rate at $45 per hour. Monarch-Care’s attorney informed Judge Ticktin that the prior hearing was not an eviden-tiary one and that the court should not set an hourly rate without knowing what services were rendered. The court then allowed testimony tp be presented.

The executive director of MonarchCare testified that the prevailing rate for professional guardians in Palm Beach County is $95, although it is lower in Broward and Miami-Dade Counties. She noted that the services performed as reflected on this latest bill were similar to the services for which a $95 per hour rate had been allowed by prior orders. She testified that by providing services to this ward, it precluded MonarchCare from taking on other work. She did admit that of the 16.3 hours requested, 12.3 hours had been billed by employees who were not professional guardians. However, they had been working at the direction of a professional guardian.

After presentation of the witness, the ward’s attorney argued to Judge Ticktin that the judge should use the hourly rate previously set by Judge Gillen and that the hours expended by non-professionals should not be compensated at the same rate as those of the professional guardian.

Judge Ticktin then ruled. First, she acknowledged Judge Gillen’s order setting the fees prospectively but admittéd that, not having a transcript of the proceedings, she didn’t know what to make of the order. Judge Ticktin found that, pursuant to section 744.108, Florida Statutes (2015), there was no evidence suggesting that the case merited more than $90 per hour, as ruled by Judge Gillen, despite the fact that there were co-guardians. She also found that there had been “no evidence regarding the novelty and difficulty of the questions involved, ... no evidence submitted that the ,.. acceptance of the particular employment will preclude other employment of the person.” Judge Ticktin found that a total aggregate fee of $95 fell within the customary range. She noted that no evidence had been presented on the nature and value of Mr. Block’s property, the results obtained, any time limits imposed by the circumstances, or the nature and length of the relationship. Id. Based on this, Judge Ticktin stated that she would uphold Judge Gillen’s prior ruling. Judge Ticktin signed an order authorizing payment of 16,3 hours at $45 per horn*. Mon-archCare appeals that ruling.

“[W]hen it is clear that the probate court has considered the statutory factors and has based its ruling on competent, substantial evidence in the record,” the amount of guardian’s fees awarded will not be disturbed unless “the probate court’s ruling is arbitrary, fanciful, or unreasonable and thus an abuse of discretion.” In re Guardianship of Shell, 978 So.2d 885, 889 (Fla. 2d DCA 2008), (citing Canakaris v. Canakaris, 382 So.2d 1197, 1203 (Fla.1980)). “However, to the extent the trial court’s orders were based on conclusions of law, [this court] applies] de novo review.” Bluth v. Blake, 128 So.3d 242, 245 (Fla. 4th DCA 2013).

MonarchCare argues that the trial court acted arbitrarily and capriciously in reducing its hourly rate from $95 to $45 per hour based solely on the • aggregate cost of care, ignoring statutory guidelines and presumptions of validity. “A guardian, or an attorney who has rendered services to the ward or to the guardian on the ward’s behalf, is entitled to a reasonable fee for services rendered and reimburse[511]*511ment for costs incurred on behalf of the ward.” § 744.108(1), Fla. Stat. (2015).

[T]he guardian has the burden to establish through appropriate proof that the services claimed were actually performed and that the fees claimed for those services ¡are reasonable. Based on that proof, the probate court has the discretion to determine the amount of the fees to which the guardian is reasonably entitled.

Shell, 978 So.2d at 889 (emphasis omitted) (citations omitted). The court is not “at liberty to award anything more or less than fair and reasonable compensation for the services rendered or monies expended in. each individual case[.]” Id. at 890 (quoting Lewis v. Gramil Corp., 94 So.2d 174, 176 (Fla.1957)).

The court must consider the following factors when determining whether the fee requested by the guardian is reasonable:

(a) The time and labor required;
(b) The novelty and difficulty of the questions involved and the skill required to perform the services properly;
(c) The likelihood that the acceptance of the particular employment will preclude other employment of the person;

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Related

In Re Guardianship of Shell
978 So. 2d 885 (District Court of Appeal of Florida, 2008)
Schacter v. Guardianship of Schacter
756 So. 2d 1075 (District Court of Appeal of Florida, 2000)
Canakaris v. Canakaris
382 So. 2d 1197 (Supreme Court of Florida, 1980)
Lewis v. Gramil Corp.
94 So. 2d 174 (Supreme Court of Florida, 1957)
Bluth v. Blake
128 So. 3d 242 (District Court of Appeal of Florida, 2013)

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Bluebook (online)
204 So. 3d 508, 2016 Fla. App. LEXIS 11708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monarchcare-inc-v-guardianship-of-block-fladistctapp-2016.