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The Florida Senate

2005 Florida Statutes

Section 737.627, Florida Statutes 2005

737.627  Costs and attorney's fees.--

(1)  In all actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee's powers, the court shall award taxable costs as in chancery actions, including attorney's fees.

(2)  When awarding taxable costs, including attorney's fees, under this section, the court, in its discretion, may direct payment from a party's interest, if any, in the trust or enter a judgment which may be satisfied from other property of the party, or both.

(3)  This section shall apply to all proceedings described in subsection (1) commenced after the effective date of this act, without regard to the date the trust was created or the date of the settlor's death.

History.--s. 16, ch. 93-257; s. 19, ch. 2003-154.