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SCHMIDT v. FORTNER

No. 92-0912.

629 So.2d 1036 (1993)

Susanne Rae SCHMIDT, as Successor Personal Representative of the Estate of Karl F. Schmidt; Gene J. Schmidt, individually and as Personal Representative of the Estate of Etha Mae Schmidt; and Susanne Rae Schmidt, as Personal Representative of the Estate of Karl F. Schmidt, Jr., Appellants, v. Lloyd B. FORTNER, individually; Bernard S. Schmidt, individually, as former Personal Representative of the Estate of Karl F. Schmidt, as former Personal Representative of the Estate of Etha Mae Schmidt, and as Trustee under the Will of Etha Mae Schmidt, Appellees.

District Court of Appeal of Florida, Fourth District.

December 29, 1993.

Attorney(s) appearing for the Case

Theresa A. DiPaola of Roberts & DiPaola, P.A. and Philip M. Burlington of Edna L. Caruso, P.A., West Palm Beach, for appellants.

Cathy L. Kasten of Adams, Coogler, Watson & Merkel, P.A., West Palm Beach, for appellees.

FARMER, Judge.

In this case, we review a trial court's decision to deny a motion for offer-of-judgment attorney's fees under sections 45.061 and 768.79, Florida Statutes (1991). We reverse.

Bernard Schmidt was appointed the personal representative [PR] of the estate of his uncle, Karl Sr., in 1978. The decedent's widow (his aunt), Etha Mae, was the other PR. She died in 1981, and Bernard was then appointed the sole PR of her estate.1

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