Gussie ANDERSON and Earleen James, Appellants,
v.
SUN TRUST BANK/NORTH, etc., Appellee.
District Court of Appeal of Florida, Fifth District.
*308 Michael D. Brown and Sonja K. Knighton of Michael D. Brown, P.A., Riviera Beach, for Appellants.
Karl V. Hart of Simmons, Hart & Sheehe, P.A., Ocala, for Appellee.
DAUKSCH, Judge.
Appellants, Gussie Anderson and Earleen James, appeal an award of guardianship fees and costs to appellee, Sun Trust Bank/North Central Florida, f/k/a Sun Bank of Ocala. Appellants contend that appellee failed to serve its notice of hearing on its petition for fees and costs within a reasonable time. The record shows that appellee served its notice of hearing by facsimile on December 18, 1995. The hearing was scheduled for December 22nd. Florida Probate Rule 5.042(c) requires that a copy of any written petition or motion which cannot be heard ex parte and a copy of the notice of hearing pertaining thereto be served a reasonable time before the time specified for the hearing. In Montgomery v. Cribb,
We agree with appellants that four days notice for a hearing scheduled out of town is unreasonable. See Turner v. Greyhound Financial Corp.,
Appellants contend additionally that appellee failed to comply with section 744.108(5), Florida Statutes (1995). That section requires that a petition for guardian's and attorney's fees and costs be accompanied by an itemized description of the services performed for the fees and costs sought to be recovered. See also Jones v. Dunning,
Appellee alleged in its petition for fees and costs that it had rendered services in the amount of $18,173.78 and incurred costs in the amount of $8,006.08 from August 25, 1994 through December 1, 1995. Exhibit A, attached to its petition, contains a fees schedule showing payment by appellee of an administrative fee and seventeen monthly payments to itself. Appellee also alleged that costs of $8,006.08 were incurred from monthly overdrafts as shown in the annual accounting. It further alleged:
... Because of the voluminous nature of the monthly statements, petitioner has not attached such to this petition, but will produce such at the hearing on this matter, and will allow any interested party to review them at the office of petitioner's counsel prior to the hearing.
Appellee contends on appeal that it would be cumbersome to require it to attach to its petition voluminous documentation of fees and costs when the information has already been provided in the annual accounting.
*309 We find that appellee's petition and Exhibit A attached thereto are insufficient to comply with the mandatory requirement of section 744.108(5). Neither document provides the trial court with any information pertaining to appellee's rendition of guardian's services for the ward.
Accordingly, the trial court's order awarding appellee guardianship fees and costs is reversed. This appeal was caused by the attorney for appellee not giving proper notice and not providing adequate documentation when he was aware of the need for both. For this reason no fees for appellee or its attorney is assessable against the estate for this appeal or for the work necessary to comply with this opinion, should appellee again seek to receive the fees.
REVERSED.
GRIFFIN and THOMPSON, JJ., concur.
