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Motions for attorney's fees in guardianship matters are subject to 30-day time limit in Fla.R.Civ.P. 1.525.  [Added 8/19/10]

    A person who was appointed guardian as a result of a proceeding in which her mother was determined to be incapacitated moved for attorney's fees.  Guardian's motion was denied.  She appealed.

    The First DCA affirmed, although for a different reason that that relied upon by the trial court.  The order determining incapacity was entered in July 2008.  Guardian did not serve her motion to approve payment of attorney's fees until September 2009.  "Florida Probate Rule 5.025(d)(2) provides that, once a proceeding under the probate rules has been declared to be adversarial, it 'shall be conducted similar to suits of a civil nature and the Florida Rules of Civil Procedure shall govern, including entry of defaults.'  Florida Rule of Civil Procedure 1.525 requires a motion for attorney’s fees to be filed "no later than 30 days after filing the judgment. . . .'"  The appellate court cited with approval Hays v. Lawrence, 1 So. 3d 1176 (Fla. 5th DCA 2009).  Although Hays addressed a different statute, Fla.Stat. sec. 733.106(2), the court noted that it was "similar" to the statute at issue in the case before it, Fla.Stat. sec. 744.108.  "Both statutes are legislative expressions of the desirability of the payment of attorney’s fees for services rendered under the specified proceeding.  Accordingly, because the petition for attorney’s fees was untimely filed under rule 1.525, the trial court’s order denying fees is AFFIRMED."  (Footnote omitted.)  Price v. Austin, __ So.3d ___ (Fla. 1st DCA, No. 1D09-6313, 8/10/2010).

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