Anderson v. Sun Trust Bank/North
Decision Date | 16 August 1996 |
Docket Number | No. 96-54,96-54 |
Citation | 679 So.2d 307 |
Court | Florida District Court of Appeals |
Parties | 21 Fla. L. Weekly D1875 Gussie ANDERSON and Earleen James, Appellants, v. SUN TRUST BANK/NORTH, etc., Appellee. |
Michael D. Brown and Sonja K. Knighton of Michael D. Brown, P.A., Riviera Beach, for Appellants.
Karl V. Hart of Simmons, Hart & Sheehe, P.A., Ocala, for Appellee.
Appellants, Gussie Anderson and Earleen James, appeal an award of guardianship fees and costs to appellee, Sun Trust Bank/North Central Florida, f/k/a Sun Bank of Ocala. Appellants contend that appellee failed to serve its notice of hearing on its petition for fees and costs within a reasonable time. The record shows that appellee served its notice of hearing by facsimile on December 18, 1995. The hearing was scheduled for December 22nd. Florida Probate Rule 5.042(c) requires that a copy of any written petition or motion which cannot be heard ex parte and a copy of the notice of hearing pertaining thereto be served a reasonable time before the time specified for the hearing. In Montgomery v. Cribb, 484 So.2d 73 (Fla. 2d DCA 1986), the only case which interprets this rule, the court held that two days notice for a hearing on a motion to strike a claim against an estate based upon a summary judgment was inadequate.
We agree with appellants that four days notice for a hearing scheduled out of town is unreasonable. See Turner v. Greyhound Financial Corp., 567 So.2d 1042 (Fla. 1st DCA 1990) ( ); P & L Florida Inv. Inc. v. Ferro, 545 So.2d 448 (Fla. 3d DCA 1989) ( ). See also Somerville v. Reusser, 649 So.2d 339 (Fla. 5th DCA 1995) ( ); Matter of Adoption of Baby James Doe, 572 So.2d 986 (Fla. 1st DCA 1990) ( ); Hayman v. Hayman, 522 So.2d 531 (Fla. 2d DCA 1988) ( ). But see Barnett Banks Trust Co., N.A. v. Titusville Associates, Ltd. By & Through Levitt, 560 So.2d 1337 (Fla. 1st DCA 1990), approved, 591 So.2d 609 (Fla.1991) ( ). See, e.g., Russ v. State, 622 So.2d 501 (Fla. 5th DCA 1993), rev. den., 634 So.2d 626 (Fla.1994) ( ); Goral v. State, 553 So.2d 1282 (Fla. 3d DCA 1989) ( ).
Appellants contend additionally that appellee failed to comply with section 744.108(5), Florida Statutes (1995). That section requires that a petition for guardian's and attorney's fees and costs be accompanied by an itemized description of the services performed for the fees and costs sought to be recovered. See also Jones v. Dunning, 661 So.2d 941 (Fla. 5th DCA 1995).
Appellee alleged in its petition for fees and costs that it had rendered services in the amount of $18,173.78 and incurred costs in the amount of $8,006.08 from August 25, 1994 through December 1, 1995. Exhibit A, attached to its petition, contains a fees schedule showing payment...
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