Valleskey v. Flagship National Bank of Miami

District Court of Appeal of Florida

Valleskey v. Flagship National Bank of Miami

508 So. 2d 541, 12 Fla. L. Weekly 1486, 1987 Fla. App. LEXIS 8824

CourtDistrict Court of Appeal of Florida

DecidedJune 16, 1987

DocketNo. 87-161

StatusPublished

Cited by1 cases

This text of 508 So. 2d 541 (Valleskey v. Flagship National Bank of Miami) 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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Valleskey v. Flagship National Bank of Miami, 508 So. 2d 541, 12 Fla. L. Weekly 1486, 1987 Fla. App. LEXIS 8824 (Fla. Ct. App. 1987).

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Opinion

SCHWARTZ, Chief Judge.

It is clear that attorney’s fees were properly assessed against the estate for the defense of the personal representative in a non-frivolous, but ultimately unsuccessful action by the beneficiaries to surcharge the p.r. for alleged improprieties in the performance of its duties.¹ Anderson v. [542]*542Anderson, 468 So.2d 528 (Fla. 3d DCA 1985), pet. for review denied, 476 So.2d 672 (Fla.1985); § 733.609, Fla.Stat. (1985) (“In all actions challenging the proper exercise of a personal representative’s powers, the court shall award taxable costs ... including attorney’s fees.”).

Affirmed.

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SCHWARTZ, Chief Judge.

It is clear that attorney’s fees were properly assessed against the estate for the defense of the personal representative in a non-frivolous, but ultimately unsuccessful action by the beneficiaries to surcharge the p.r. for alleged improprieties in the performance of its duties.¹ Anderson v. [542]*542Anderson, 468 So.2d 528 (Fla. 3d DCA 1985), pet. for review denied, 476 So.2d 672 (Fla.1985); § 733.609, Fla.Stat. (1985) (“In all actions challenging the proper exercise of a personal representative’s powers, the court shall award taxable costs ... including attorney’s fees.”).

Affirmed.

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508 So. 2d 541, 12 Fla. L. Weekly 1486, 1987 Fla. App. LEXIS 8824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valleskey-v-flagship-national-bank-of-miami-fladistctapp-1987.

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