IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
W. ROBINSON FRAZIER and
NOT FINAL UNTIL TIME EXPIRES TO
MAX T. WATSON, JR., as
FILE MOTION FOR REHEARING AND
Successor Co-Trustees of the
DISPOSITION THEREOF, IF FILED.
Martha S. Brechler Amended and
Restated Revocable Trust
Agreement dated February 18, 1999,
Appellants,
CASE NO. 1D03-290 and 1D03-1718
(Consolidated)
v.
ROBERT A. BRECHLER, Personal
Representative of the Estate of Martha S.
Brechler, Deceased,
Appellees.
________________________________/
Opinion filed March 31, 2004.
An appeal from a final order from the circuit court for Nassau County.
Alban E. Brooke, Judge.
John F. Callender, Jacksonville, Attorney for Appellants.
Robert C. Gobelman of Gobelman, Love, Gavin, Blazs & Wasilenko, Jacksonville,
Attorney for Appellees.
PER CURIAM.
We have before us a case involving the refund of federal income tax to Appellee
as the surviving spouse of Martha S. Brechler. We affirm all issues raised in this
appeal, except one. We reverse and remand to the trial court to conduct an evidentiary hearing to determine the appropriate amount of interim attorney's fees for non-litigation
services due to Appellee, as personal representative, pursuant to the factors contained
in section 733.6171, Florida Statutes (2001).
AFFIRMED in part; REVERSED in part, and REMANDED.
ERVIN and BOOTH, JJ., and SMITH, LARRY G., Senior Judge, CONCUR.
