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HERITAGE FOUNDATION v. SCHMID

Case Nos. 2D18-2301, 2D18-2477.

291 So.3d 1018 (2020)

HERITAGE FOUNDATION; All Faiths Food Bank; Easter Seals of Southwest Florida; Meals on Wheels Plus; the Salvation Army; Sahib Shriners Hospital for Children; and Pace Center for Girls, Inc., Appellants, v. Estate of Walter SCHMID, Jr.; Ida Schmid Thomas, Individually; Ida Schmid Thomas, as Personal Representative of the Estate of Walter Schmid, Jr., Deceased; Donnie Walter Thomas; Grace Eleanor Opeka Thomas, a Minor; Matthew Gene Thomas, a Minor; Bella Marie Thomas, a Minor; Ida Schmid Thomas, Donnie Walter Thomas, Burdette Parent, Jr, and Ursula Balmos, as Members of the Board of Trustees of the Walter Schmid, Jr. Revocable Trust Dated September 5, 2008; University of Florida Agriculture Extension Service; Manatee County Extension; Whitfield Presbyterian Church; and Family Partnership Center, Appellees.

District Court of Appeal of Florida, Second District.

Opinion filed March 6, 2020.

Attorney(s) appearing for the Case

Mary Fabre LeVine of Blalock, Walters, P.A., Bradenton, for Appellants Heritage Foundation, Meals on Wheels Plus, Easter Seals of Southwest Florida, Sahib Shriners Hospital for Children, All Faiths Food Bank and The Salvation Army.

S. Grier Wells and Cynthia M. Montgomery of GrayRobinson, P.A., Jacksonville, for Appellant PACE Center for Girls, Inc.

Kimberly A. Bald and James E. Lynch of Harllee & Bald, P.A., Bradenton, for Appellees Ida Schmid Thomas, Donnie Walter Thomas, Grace Eleanor Opeka Thomas, Matthew Gene Thomas, Bella Marie Thomas, and Ida Schmid Thomas, Donnie Walter Thomas, Burdette Parent, Jr., and Ursula Balmos, as members of the board of trustees of the Walter Schmid, Jr., revocable trust Dated September 5, 2008.

No appearance for remaining Appellees.

The legal question at the core of this appeal is whether section 733.1061, Florida Statutes (2014), limits the sources of payment of an attorney's fee award to a party's interest in the decedent's estate, other property of the party, or both, thereby precluding an award from the corpus of the estate. We reject the appellants' assertion...

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