DUNCOMBE v. ADDERLY

No. 4D07-3193.

991 So.2d 1013 (2008)

Tcherina DUNCOMBE, Appellant, v. Phyllis S. ADDERLY, Anthony L. Swilley, Sr., and G. Yvonne Swilley Carter, Appellees.

District Court of Appeal of Florida, Fourth District.

October 8, 2008.


Attorney(s) appearing for the Case

Brian M. O'Connell and Ashley N. Girolamo of Casey, Ciklin, Lubitz, Martens & O'Connell, West Palm Beach, for appellant.

Maurice J. Hall of the Law Office of Maurice J. Hall, West Palm Beach, for appellees.


KLEIN, J.

The probate court denied appellant's petition for attorney's fees for rendering services to an estate, because "there has been no increase in value to the estate, nor has it been demonstrated that the petitioner carried out the intent of the testator." We conclude the statute authorizing fees should not be read so narrowly and reverse.

Duncombe is the daughter of the decedent, and the appellees, her adversaries in these proceedings, are also children...

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