Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 736.1004 | Lawyer Caselaw & Research
F.S. 736.1004 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 736.1004

The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 736
FLORIDA TRUST CODE
View Entire Chapter
F.S. 736.1004
736.1004 Attorney’s fees and costs.
(1)(a) In all actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee’s powers; and
(b) In proceedings arising under ss. 736.0410-736.0417,

the court shall award taxable costs as in chancery actions, including attorney fees and guardian ad litem fees.

(2) When awarding taxable costs under this section, including attorney fees and guardian ad litem fees, the court, in its discretion, may direct payment from a party’s interest, if any, in the trust or enter a judgment that may be satisfied from other property of the party, or both.
History.s. 10, ch. 2006-217.

F.S. 736.1004 on Google Scholar

F.S. 736.1004 on Casetext

Amendments to 736.1004


Arrestable Offenses / Crimes under Fla. Stat. 736.1004
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.1004.



Annotations, Discussions, Cases:

Cases from cite.case.law:

LEVINE, v. STIMMEL,, 272 So. 3d 847 (Fla. App. Ct. 2019)

. . . supplemental final judgment, awarding Appellee, Bonnie Stimmel, attorney's fees and costs pursuant to section 736.1004 . . . Thereafter, Appellee moved for attorney's fees and costs pursuant to section 736.1004(1)(a), Florida . . . The trial court denied the section 57.105 motion for attorney's fees but granted the section 736.1004 . . . what portion of the attorneys' efforts were expended on claims for which section 736.1004 authorized . . . Section 736.1004 authorizes the award of attorney's fees for actions arising under Florida's Trust Code . . .

HARRELL v. A. BADGER, M. a k a D., 171 So. 3d 764 (Fla. Dist. Ct. App. 2015)

. . . The court subsequently entered an order under section 736.1004(2), Florida Statutes (2008), awarding . . . Section 736.1004, Florida Statutes (2008), requires a trial court to award attorneys’ fees and other . . .

A. SCHWAB L. A. v. HUNTINGTON NATIONAL BANK,, 516 F. App'x 545 (6th Cir. 2013)

. . . . § 736.1001, § 736.1002, and § 736.1004). . . .

A. SCHWAB L. A. v. HUNTINGTON NATIONAL BANK,, 516 F. App'x 545 (6th Cir. 2013)

. . . . § 736.1001, § 736.1002, and § 736.1004). . . .

JACOBSON Co- C. v. SKLAIRE,, 92 So. 3d 228 (Fla. Dist. Ct. App. 2012)

. . . severally liable to the Beneficiary for attorney’s fees and costs pursuant to sections 737.627, and 736.1004 . . . Stat. § 736.1004. . § 736.1004 Fla. . . . The only other authority cited by the concurrence is section 736.1004(2) of the Florida Trust Code. . . . .” § 736.1004(2) Fla. Stat. (2007). . . .

S. BRIGHT, v. D. BALTZELL,, 65 So. 3d 90 (Fla. Dist. Ct. App. 2011)

. . . The trial court also relied on sections 736.1004-.1005 of the Florida Trust Code as a basis for awarding . . .