Hazen v. Stevens

Citations

• 60 Fla. 460

Syllabus

<p>1. Where it does not appear from the record on appeal that parties omitted from the appellate proceedings are directly and substantially affected by the decree or order appealed from, the court will not of its own motion dismiss the appeal for want of proper or of necessary parties.</p> <p>2. In determining the amount of compensation to be allowed a receiver for his services as such, the court should consider the amount and character of the time and responsibility devoted to the duty. This includes the kind and extent of time and labor necessarily bestowed by the receiver upon the trust, the'responsibility assumed, the character and extent of the property committed to his care, the beneficial results of the management and other matters that are incident to the trust and its efficient execution.</p> <p>S. Perhaps no fixed set of rules for determining what is a just compensation for receivers can be formulated to meet varying conditions, therefore each case should be determined upon the merits as it arises.</p> <p>4. The court appointing the receiver is primarily charged with the duty of fixing the compensation allowed, and the determination is entitled to its proper weight with an appellate court; but in reviewing the action of the chancellor, the appellate court should apply the principles of law and equity it deems controlling in the matter. If the compensation allowed appears from the whole record to be excessive, the order making the allowance should be reversed or modified as justice to all parties seems to require.</p>