DORN v. HATWOOD (2026)

Dennis Dorn appeals the circuit court's order assessing costs and attorneys’ fees. Dorn raises two issues on appeal. On one issue, we reverse. On the other issue, we affirm without discussion.

Dorn argues, and the personal representative acknowledges, that the circuit court incorrectly included $48,986.40 as part of a claim of lien pursuant to section 733.608, Florida Statutes (2025), instead of section 733.106, Florida Statutes (2025).

Section 733.608(3) provides that a personal representative—who “expends funds or incurs obligations to preserve, maintain, insure or protect” the Homestead—may secure a lien on the “protected homestead.” In Herrilka v. Yates, 13 So. 3d 122, 123 (Fla. 4th DCA 2009), we explained that legal fees incurred in the administration of the estate as a whole did not fall under section 733.608.

Here, the personal representative acknowledges that section 733.608 “does not apply to the $48,986.40,” and the circuit court had incorrectly included the sum as part of the claim of lien. The personal representative explains that she sought those costs under section 733.106.

As such, we reverse the circuit court's inclusion of the $48,986.40 as part of the claim of lien pursuant to section 733.608, and remand to allow the circuit court to clarify the statutory section attributable to the award.

Affirmed in part, reversed in part, and remanded.

Per Curiam.

Kuntz, C.J., Ciklin and Shaw, JJ., concur.