Walker v. Tindall

District Court of Appeal of Florida

Walker v. Tindall

567 So. 2d 50, 1990 Fla. App. LEXIS 7352, 1990 WL 140303

CourtDistrict Court of Appeal of Florida

DecidedSeptember 26, 1990

DocketNo. 89-03237

StatusPublished

Cited by1 cases

This text of 567 So. 2d 50 (Walker v. Tindall) 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

Walker v. Tindall, 567 So. 2d 50, 1990 Fla. App. LEXIS 7352, 1990 WL 140303 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

We reverse the trial court’s order approving fees paid by the former personal representative of this estate to herself and to her attorney. Those fees had been paid without court approval at the time. In approving those prior payments the trial court erred in its apparent reliance upon a purported “presumption of correctness” of the amounts of the payments. See § 733.6175, Fla.Stat. (1987). The trial court also erred in failing to make the findings required by Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985), concerning the award of attorney’s fees. See De Loach v. Westman, 506 So.2d 1142 (Fla. 2d DCA 1987).

Reversed and remanded for further proceedings consistent herewith.

SCHOONOVER, C.J., and LEHAN and THREADGILL, JJ., concur.

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PER CURIAM.

We reverse the trial court’s order approving fees paid by the former personal representative of this estate to herself and to her attorney. Those fees had been paid without court approval at the time. In approving those prior payments the trial court erred in its apparent reliance upon a purported “presumption of correctness” of the amounts of the payments. See § 733.6175, Fla.Stat. (1987). The trial court also erred in failing to make the findings required by Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985), concerning the award of attorney’s fees. See De Loach v. Westman, 506 So.2d 1142 (Fla. 2d DCA 1987).

Reversed and remanded for further proceedings consistent herewith.

SCHOONOVER, C.J., and LEHAN and THREADGILL, JJ., concur.

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Bluebook (online)

567 So. 2d 50, 1990 Fla. App. LEXIS 7352, 1990 WL 140303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-tindall-fladistctapp-1990.

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