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TEAGUE v. ESTATE OF HOSKINS

No. 96-727.

684 So.2d 293 (1996)

Sally Smedley TEAGUE, Appellant, v. ESTATE OF Herbert D. HOSKINS, Deceased, Appellee.

District Court of Appeal of Florida, Fifth District.

December 13, 1996.

Attorney(s) appearing for the Case

James Edward Cheek, III of Winderweedle, Haines, Ward & Woodman, P.A., Orlando, for Appellant.

Robert R. Foster, DeLand, for Appellee.

GOSHORN, Judge.

At issue in this appeal is the trial court's determination that attorney's fees awarded to Sally Smedley Teague pursuant to section 768.79, Florida Statutes (1995) were entitled to a Class 8 priority under section 733.707, Florida Statutes (1995) rather than a Class 1 priority. Teague argues that this decision was error because (1) the award is not a "claim" under the Florida Probate Code; and (2) the award is an obligation created by the legal act...

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