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Huff v. Gentry

In re The ESTATE OF Charles M. McARTHUR, Nadean HUFF, Appellant/Cross v. John A. GENTRY, Appellee/Cross

Huff v. Gentry, 443 So. 2d 1052 (Fla. Dist. Ct. App. 1984)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
January 4, 1984
Docket
No. 82-1431
Judges
Beranek, Downey, Hersey
Citations
443 So. 2d 10521984 Fla. App. LEXIS 11193

Opinion of the Court

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PER CURIAM.

Nadean Huff, a beneficiary of the McAr-thur estate, appeals an award of attorney’s fees adjudicated against her in her individual capacity. The case was tried in the probate division in which the estate is being administered apparently by consent of the parties. The prevailing attorney, John A. Gentry, cross appeals, complaining that the award is inadequate. Both sides ably presented their case before the trial court and here, which has been helpful.

We are guided by the general rule that the amount of an attorney fee award is a matter of discretion and will not be disturbed absent a clear showing of abuse. In re Estate of Griffis, 399 So.2d 1048 (Fla. 4th DCA 1981). The trial court heard expert testimony and based its determination of a fee on the factors set forth in Discipli *1053 nary Rule 2-106(B) of the Code of Professional Responsibility governing the conduct of attorneys. We are in no position (nor should we be) to second guess the reasonableness of the fee. Applying the standard established in Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980) we cannot say that no reasonable man could take the view taken by the trial court. Accordingly, we affirm.

AFFIRMED.

DOWNEY, BERANEK and HERSEY, JJ., concur.

How later courts describe this case

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

1985: 11994: 12003: 119852026peak 1985 · 1

Relies on it most ⓘ

  1. In re Guardianship of Rich520 N.W.2d 63 (S.D. 1994)
  2. Strulowitz v. CADLE COMPANY. II, INC.839 So. 2d 876 (Fla. Dist. Ct. App. 2003)
  3. Gentry v. Huff464 So. 2d 1307 (Fla. Dist. Ct. App. 1985) · Dissent

Most recent

  1. Strulowitz v. CADLE COMPANY. II, INC.839 So. 2d 876 (Fla. Dist. Ct. App. 2003)
  2. In re Guardianship of Rich520 N.W.2d 63 (S.D. 1994)
  3. Gentry v. Huff464 So. 2d 1307 (Fla. Dist. Ct. App. 1985) · Dissent

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
Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980) 2,222
Estate of Griffis, 399 So. 2d 1048 (Fla. Dist. Ct. App. 1981) 7

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