In short: In Rocca v. Rones (Fla. 3d DCA 2014), plaintiffs voluntarily dismissed a suit before any answer was filed. One co-personal representative of the estate then moved for attorney’s fees without the other joining. The appellants argued § 733.615 required joint action and that fee jurisdiction was lacking. The Third District affirmed without opinion on November 19, 2014.
When an estate has two personal representatives, procedural details can decide whether a fee award stands.
The Case
As described at oral argument, the plaintiffs sued on June 1, 2011. No answer or motion to dismiss was filed, and on July 15 the plaintiffs took a voluntary dismissal. A week later, a co-personal representative of the estate moved for attorney’s fees. The appellants argued that under § 733.615 co-personal representatives must act jointly and the other co-PR never joined, and raised the 30-day deadline for fee motions under Fla. R. Civ. P. 1.525 and the court’s jurisdiction after a voluntary dismissal (No. 3D14-596). The argument opened with the bench reminding counsel that the notice of oral argument means what it says about arriving on time.
The Result
The Third District affirmed without opinion on November 19, 2014. A per curiam affirmance (PCA) means the appellate court agreed with the result below without writing an opinion. It sets no precedent, and because there is no opinion, the Florida Supreme Court generally can’t review it. The issues described here are the ones argued; the court didn’t say which arguments it accepted.
The Law
- Joint action: under § 733.615, when two or more personal representatives serve, they must generally concur on acts in administering the estate, with exceptions for emergencies and delegation.
- Fee motions: Rule 1.525 requires a motion for fees within 30 days after the judgment or notice of voluntary dismissal.
- After dismissal: a court keeps jurisdiction to decide fee entitlement after a voluntary dismissal, if a statute or contract provides for fees.
Lessons
- Co-PRs should sign or join every significant filing.
- Calendar the 30-day fee deadline from the date of dismissal.
- Show up on time for oral argument.
Source: Rocca v. Rones, No. 3D14-596 (Fla. 3d DCA Nov. 19, 2014).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. The court affirmed without a written opinion, so nothing said at argument should be read as the court’s reasoning.
Dismissed Voluntarily, Then Billed: § 733.615 and the Co-Personal Representative Who Never Joined
Go Deeper
- How to Remove a Personal Representative in Florida — § 733.504 Florida Statutes Explained
- The Florida Probate Process Step by Step: What the Personal Representative Must Do and the 12-Month Clock
Frequently Asked Questions
Do co-personal representatives have to act together in Florida?
Generally yes, under § 733.615, with limited exceptions.
How long do I have to move for fees after a voluntary dismissal?
30 days under Rule 1.525.
Can a court award fees after a voluntary dismissal?
Yes, if a statute or contract provides for them and the motion is timely.
What happened in Rocca v. Rones?
The Third District affirmed without opinion in 2014.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate litigation and appeals from St. Petersburg. If you need a probate appeal lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
