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In re Estate of Freedman

In re Estate of Freedman, 340 So. 2d 1275 (Fla. Dist. Ct. App. 1977)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
January 4, 1977
Docket
Nos. 75-1454, 75-1455
Judges
Pearson, Haverfield and Nathan
Citations
340 So. 2d 1275
Cited by 8

Opinion

340 So.2d 1275 (1977)

In re ESTATE OF Harry FREEDMAN, Deceased.

Nos. 75-1454, 75-1455.

District Court of Appeal of Florida, Third District.

January 4, 1977.

Horton, Perse & Ginsberg, Dunn & Johnson, Miami, for appellant.

George J. Talianoff and Paul S. Berger and Terrence Schwartz, Miami Beach, for appellee.

Before PEARSON, HAVERFIELD and NATHAN, JJ.

PER CURIAM.

Evelyn Freedman appeals an order denying her petition for an attorney's fee.

In an independent action brought in the civil division of the circuit court, Evelyn Freedman was successful in impressing a constructive trust on legacies bequeathed by her deceased father to her two half-sisters. Thereafter, Ms. Freedman filed in the probate division of the circuit court a petition praying that her father's estate pay her a reasonable attorney's fee as a result of her successful suit. The petition was denied.

In order to be entitled to a reasonable attorney's fee, the estate must have been benefited by the services of counsel. In Re Gleason's Estate, 74 So.2d 360 (Fla. 1954). In the case at bar the distribution was not changed, but rather a constructive trust was placed on the distributive shares of the legatees by means of a separate action in the civil division of the circuit court. We conclude that the estate was not enhanced thereby and the probate judge was eminently correct in denying Ms. Freedman an award of a reasonable attorney's fee. See In Re Farris' Estate, 113 So.2d 721 (Fla.3d DCA 1959).

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 8 cases

View all citing references →
1979: 11980: 21983: 21984: 11988: 11989: 119792026peak 1980 · 2

Relies on it most ⓘ

  1. Tillman v. Smith526 So. 2d 730 (Fla. Dist. Ct. App. 1988)
  2. Samuels v. Estate of Ahern436 So. 2d 1096 (Fla. Dist. Ct. App. 1983)
  3. Raulerson v. Metzger375 So. 2d 576 (Fla. Dist. Ct. App. 1979)
  4. In re Estate of Simon549 So. 2d 210 (Fla. Dist. Ct. App. 1989)
  5. Heirs of Estate of Waldon v. Rotella427 So. 2d 261 (Fla. Dist. Ct. App. 1983)
  6. Menz v. Estate of Menz381 So. 2d 375 (Fla. Dist. Ct. App. 1980)

Most recent

  1. In re Estate of Simon549 So. 2d 210 (Fla. Dist. Ct. App. 1989)
  2. Tillman v. Smith526 So. 2d 730 (Fla. Dist. Ct. App. 1988)
  3. Shamas v. Ritter454 So. 2d 67 (Fla. Dist. Ct. App. 1984)
  4. Samuels v. Estate of Ahern436 So. 2d 1096 (Fla. Dist. Ct. App. 1983)
  5. Heirs of Estate of Waldon v. Rotella427 So. 2d 261 (Fla. Dist. Ct. App. 1983)
  6. Freedman v. Horton, Schwartz & Perse383 So. 2d 659 (Fla. Dist. Ct. App. 1980)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
In re Gleason's Estate, 74 So. 2d 360 (Fla. 1954) 23
In re Farris'estate, 113 So. 2d 721 (Fla. Dist. Ct. App. 1959) 13

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