Opinion
No. 3D12–1290.
2013-02-20
Frances L. LOSH, Appellant, v. Carlin McKINLEY, Appellee.
An Appeal from the Circuit Court for Miami–Dade County, Celeste Hardee Muir, Judge. Ronald G. Baker, Coral Gables, for appellant. Simon & Simon, and Joy B. Spill, Miami, for appellee.
An Appeal from the Circuit Court for Miami–Dade County, Celeste Hardee Muir, Judge.
Ronald G. Baker, Coral Gables, for appellant. Simon & Simon, and Joy B. Spill, Miami, for appellee.
Before SHEPHERD, SUAREZ and LAGOA, JJ.
Prior report: 86 So.3d 1150. SHEPHERD, J.
As a result of our recent decision in Losh v. McKinley, 86 So.3d 1150 (Fla. 3d DCA 2012), reversing an order granting Carlin McKinley's Petition to Determine Incapacity of her mother, Frances L. Losh, we now, in turn, reverse the companion order rendered April 20, 2012, granting McKinley's “Petition for Order Authorizing Payment of Attorney's Fee and Expenses.” See§ 744.108(1), (2), Fla. Stat. (2012); In re Guardianship of Ansley, 94 So.3d 711, 713 (Fla. 2d DCA 2012) (“[A]n attorney's entitlement to payment of reasonable fees and costs is subject to the limitation that his or her services must benefit the ward or the ward's estate.”). McKinley's Petition afforded no benefit to her mother.
In deference to the trial court, we note the order under review was entered prior to the issuance of our decision.
Reversed and remanded.