IN RE MARRIAGE OF KIRBY

No. 4D18-1386.

280 So.3d 98 (2019)

IN RE MARRIAGE OF Charles W. KIRBY.

District Court of Appeal of Florida, Fourth District.

August 14, 2019.


Attorney(s) appearing for the Case

Peggy Rowe-Linn of Peggy Rowe-Linn, P.A., West Palm Beach, for appellant, Charles W. Kirby.

James S. Telepman of Cohen, Norris, Wolmer, Ray, Telepman & Cohen, North Palm Beach, for appellee, Rory Kirby, deceased.


The former wife, appellee, died on May 30, 2017. Her counsel notified the trial court of the former wife's death the following day. Before the estate was even opened and the estate substituted as a party, the trial court granted the former husband's motion for attorney's fees, intending to bind the former wife's estate and heirs. A...

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