Anderson v. McDonough

Anderson v. McDonough, 189 So3d 266 (Fla. 2d DCA 2016)

In this appeal, the appellant appealed a final order requiring him to pay fees and costs to his mother's estate following an unsuccessful will contest.  The fee award was granted pursuant to F.S. 733.106 (which provides that the court can direct from what part of an estate fees are to be paid) even though the appellant did not receive anything from the estate.  The Court held that this statute does not authorize the imposition of a fee award beyond what may be paid from a person's share of the estate, and does not create personal liability for attorney's fees.  

The estate attempted to argue that the fee award was a sanction for bad faith litigation.  The Court disagreed, finding that neither F.S. 57.105 nor the inequitable conduct doctrine applied here, where the estate failed to properly invoke the procedures of F.S. 57.105, and where even though the appellant lost his will contest, the case was not so clear cut so to render his litigation a matter of bad faith.  As a result, the Court reversed the fee award in its entirety.

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