IN RE ESTATE OF HATHAWAY

No. 4D99-3298.

768 So.2d 525 (2000)

In re ESTATE OF Ralph B. HATHAWAY, Deceased. Monica Ann Brooks, Appellant, v. Bert Hathaway, Appellee.

District Court of Appeal of Florida, Fourth District.

September 20, 2000.


Attorney(s) appearing for the Case

Randall L. Leshin and Kathleen A. Collins and of Law Offices of Randall L. Leshin, Pompano Beach, for appellant.

Charles T. Weiss of Thomas N. Silverman, P.A., Palm Beach Gardens, for appellee.


TAYLOR, J.

We reverse the trial court's order awarding attorney's fees as a sanction against appellant's attorney for filing a motion for attorney's fees under the offer of judgment statute.

This appeal arose from a probate action wherein appellee Bert Hathaway, the decedent's brother, filed a petition to determine beneficiaries. At trial, appellant Monica Ann Brooks, the decedent's natural daughter, prevailed on the petition and was declared the sole beneficiary...

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