Demello v. Buckman

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2005 ANDREA J. DEMELLO, Individually and as Trustee of the Jerome Adams Trust, and Irene V. Adams Trust, Appellant, v. JOYCE A. BUCKMAN, Appellee. No. 4D04-1351 [November 23, 2005] PER CURIAM. This appeal involves the trial court s award of attorney s fees and costs in a dispute between two sisters regarding their parents trusts. In a separate appeal, this court reversed in part and affirmed in part the final judgment in this case. Demello v. Buckman, No. 4D03-3759 (Fla. 4th DCA Nov. 9, 2005). As a result of this court s decision in the final judgment appeal, the order awarding attorney s fees was reversed and remanded for reconsideration of whether Buckman prevailed on the significant litigated issues. Accordingly, we reverse this case as well. In light of the disposition of the appeal of the final judgment, we reverse and remand this case for reconsideration of the trial court s award of attorney s fees and costs. Reversed and Remanded. STEVENSON, C.J., TAYLOR and HAZOURI, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Mark A. Speiser, Judge; L.T. Case No. PRC02-1293 PA f/k/a CACE 01-011412 12. Jay L. Kauffman and James A. Herb of James A. Herb, P.A., Boca Raton, for appellant. Jay A. Schwartz of Sachs Sax Klein, Boca Raton, for appellee. Not final until disposition of timely filed motion for rehearing. -2-

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