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Smith v. Guardianship of Knox

District Court of Appeal of Florida, Third District
Mar 1, 2000
751 So. 2d 763 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D99-1675.

Opinion filed March 1, 2000.

Appeal from the Circuit Court for Miami-Dade County, Arthur Rothenberg, Judge, L.T. No. 97-289.

Laurence J. Rohan, for appellant.

Morton R. Goudiss, for Appellee.

Before GERSTEN, SHEVIN, and SORONDO, JJ.


Valerie Smith ("Smith") appeals a fee reduction for services rendered as limited co-guardian claiming the fee reduction was an abuse of discretion. We agree and reverse.

On two prior occasions, Smith filed a petition for fees based on the same services she performed in this appeal. On both prior occasions, the lower court awarded fees for these services. We find it was an abuse of discretion for the lower court to arbitrarily reduce Smith's fees to approximately one-third of her prior compensation for the same or similar services. See Holman v. Guardianship of Ferber, 528 So.2d 987 (Fla. 3d DCA 1988). In order to prevent this problem from recurring, we instruct the lower court to hold a status conference to determine what future services will be compensated.

Reversed.


Summaries of

Smith v. Guardianship of Knox

District Court of Appeal of Florida, Third District
Mar 1, 2000
751 So. 2d 763 (Fla. Dist. Ct. App. 2000)
Case details for

Smith v. Guardianship of Knox

Case Details

Full title:VALERIE SMITH, Appellant, vs. GUARDIANSHIP OF ESTELLE KNOX, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Mar 1, 2000

Citations

751 So. 2d 763 (Fla. Dist. Ct. App. 2000)