Valleskey v. Flagship National Bank of Miami

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

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. Anderson, 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.

1 . See Valleskey v. Flagship Nat'l Bank of Miami, 495 So.2d 756 (Fla. 3d DCA 1986) (per curiam).