IN RE ESTATE OF RONALD LETT. JEANNETTE LETT HEITMAN, APPELLANT,
v.
ALICIA CACERES, APPELLEE

Fla. 3d DCA | 1998-11-04
No. 98-1115
Before SCHWARTZ, C.J., and GERSTEN and GREEN, JJ.
725 So. 2d 1146 Florida District Court of Appeal, Third District (1998) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Jeanette Lett Heitman appeals an order denying her motion for attorney’s fees pursuant to Section 57.105, Florida Statutes (1997), after the trial court dismissed appellee Alicia Caceres’ petitions for probate and ancillary administration of Ronald Lett’s estate. Because the appellee had already initiated probate proceedings in Costa Rica, and because those proceedings were still pending, we find no basis in law or fact for the appellee’s petitions here. See Loewenthal v. Mandell, 125 Fla. 685, 170 So. 169 (Fla.1936). Accordingly, we reverse and remand with directions to the trial court to award the appellant attorney’s fees pursuant to Section 57.105, Florida Statutes (1997). See Davis v. Christmas, 705 So. 2d 38 (Fla. 3d DCA 1997).

Reversed and remanded with directions.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Alvarez, Armas & Borron, P.A. v. Heitman, 770 So. 2d 208 (Fla. 3d DCA 2000)
    …COPE, J. This is a consolidated appeal from a judgment awarding attorney’s fees under subsection 57.105(1), Florida Statutes (1995). The fees were awarded on remand from this court’s decision in In re Estate of Lett, 725 So. 2d 1146 (Fla. 3d DCA 1998). We affirm in part and reverse in part. I. A portion of the attorney’s fees were assessed against the firm of Alvarez, Ar-mas & Borron, P.A., who had served as Florida counsel for Alicia Caceres in 1996. The firm initiated a Flo…
  • Trisha L. Netzley v. Maginness, 806 So. 2d 596 (Fla. 2d DCA 2002)
    …to prosecute. Thus, the issue in this case is whether Ms. Netzley’s interrogatories, filed in the year preceding November 16, 2000, were served in good faith and designed to move the case forward. See Buckley v. Commonwealth Mortgage Assurance Co., 725 So. 2d 1146, 1148 (Fla. 2d DCA 1998) (finding that when motion to dismiss for failure to prosecute is filed, court should determine whether any record activity has occurred during one-year period preceding the filing of motion). Ms. Netzley’s interrogatories a…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw