Winston v. Bankers Trust Co.
This text of 755 So. 2d 690 (Winston v. Bankers Trust Co.) 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.
Opinion
Bruce Winston, co-beneficiary with his brother Ronald Winston of the Estate of their mother, Edna Winston, challenges the probate court’s determination regarding the reasonableness of the fee paid to Bankers Trust Company for services rendered to Ronald as personal representative of the estate. The $263,700 fee awarded to Bankers Trust was $20,000 less than the percentage fee contained in Ronald’s agreement with Bankers Trust.
Both parties agree the relevant statute is section 733.617, Florida Statutes (1985).1 Our review of the'record reveals that while the fee charged by Bankers Trust may have been based on a fee schedule contained in its agreement with Ronald, the ultimate fee approved by the trial court reflected the court’s weighing of evidence addressing the factors contained in section 733.617 including the length of the relationship between Bankers Trust and the Winstons and the results obtained by Bankers Trust. See In re: Estate of Platt, 586 So.2d 328 (Fla.1991). Bankers Trust submitted competent substantial evidence of the activities it undertook on behalf of Ronald Winston, as well as expert opinion testimony of a reasonable fee for those services. Thus the order on appeal is supported by competent substantial evidence and is affirmed.
Our resolution of Bruce’s first point on appeal renders his second point moot.
AFFIRMED.
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Cite This Page — Counsel Stack
755 So. 2d 690, 1999 Fla. App. LEXIS 10468, 1999 WL 565844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winston-v-bankers-trust-co-fladistctapp-1999.