Search Results: sanctions

57.105 Florida sanctions is a serious law. Heck, sanctions are serious. If you are faced with a “safe harbor” letter or notice, or a 57.105 motion, here are some things you may want to know. Sanctions in Florida Lawsuits A Florida trial judge has the inherent authority to punish, or sanction, bad conduct. In Florida, there is the inequitable conduct doctrine. For a trial judge to sanction someone, she needs to make very specific findings of fact in her order. Notice of an evidentiary hearing is required. The party who may be sanctioned or punished is entitled to notice and an opportunity to put on a defense. But beyond the inequitable conduct doctrine, there is a peculiar law, or statute, which permits a Florida judge to sanction a party to a lawsuit, and the party’s lawyers, for maintaining (and refusing to withdraw) a frivolous position. This may occur, for example, under Florida Statute 57.105 57.105 Florida’s Sanctions Statute On August 25, 2021, the 3rd District Court of Appeal issued its opinion in Viera v. In Re: Liptito, LLC. The 3rd DCA is the appellate court for Miami-Dade County. This opinion dealt with sanctions in the form of attorneys fees against an attorney. 57.105 is a statute that permits a party to obtain attorneys fees if the other side is doing something frivolous. Put another way, this law may be a path to get a lawsuit dismissed. That’s because the threat of being sanctioned sometimes compels a party or their counsel […]

Are involved in a Miami lawsuit ? Did you hear the word “contempt” or “sanctions“? Not a good thing. A recent 3rd District Court of Appeal opinion from January 13, 2021 deals with civil contempt. It reminds all Miami trial lawyers about this sensitive subject. If you were found in contempt, one question which you have no doubt asked your Miami litigation law firm is: “Can I appeal this order of contempt?” Florida Civil Contempt Has an order of civil contempt been filed against you in a Miami lawsuit? If so, have you spoken to a Florida appellate attorney about seeking a writ of certiorari before Florida’s 3rd District Court of Appeal? A writ of certiorari is a “request” by a litigant, non-party, or party, asking the appeals court to review a trial court’s order. A recent, January 13, 2021 opinion from the appeals court for Miami-Dade deals with contempt. It reminds us of one important tenet of Florida law. Most Miami business litigators know this. “A party cannot be held in contempt for non-compliance with a court order if there party did not have the present ability to comply with the court order.” This quote is from the case of Children’s Home Society of Florida v. K.W., et al. You can read the entire opinion here: What is Contempt? A trial judge may enter an order of contempt for parties that don’t comply with court orders. Sanctions in a Miami lawsuit are a related but different concept of punishment. […]

Very serious stuff. A very recent case, issued April 10th 2019 by Florida’s Third District Court of Appeal, Bank of America NA v. Atkin, deals with a very serious issue among Florida lawyers, being truthful and not disparaging judges. After all, judges, whether you win or lose, are our justice system. So, there is a rule 4-8.2 (a) of the rules regulating the Florida Bar that says, “A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge.” If you do that, lawyers, you can be sanctioned, and increasingly, courts are holding lawyers to a very high standard. Our conduct is regulated. You shouldn’t be disparaging judges, you shouldn’t be calling their integrity into question and you certainly should have your conduct complying with the rules which regulate our conduct, the rules regulating the Florida Bar. Otherwise, you can open yourself up to sanctions. So, this is not a Florida probate case, but many times Florida probate cases, estate lawsuits, undue influence cases, trust lawsuits get very heated. It’s important that the parties and their lawyers calm down, they’re candid with the tribunal, the court, and they don’t make false statements. To read more about this, you can go to the Third District Court of Appeal, scroll down Opinions by date April 10 th 2019 and read this case on sanctions and lawyer conduct free of charge.

In Florida, can you get sanctions against the other side for a frivolous probate lawsuit? What is frivolous litigation in West Palm Beach probate litigation? What should my trust and estates litigator know about frivolous lawsuits? What should my inheritance lawyer know about Florida Statute, section 57.105?

In Florida, can you get sanctions against the other side for a frivolous lawsuit? What is a frivolous lawsuit in Florida probate litigation? What should my probate law firm know about frivolous lawsuits? What is Florida Statute, section 57.105? West Palm Beach wills lawyers know that this statute may be able to get you attorney’s fees. Florida Statute, Section 57.105( Fla. Stat. 57.105) provides that you can seek sanctions when the other side makes you fight a frivolous claim. What is a frivolous claim according to Florida inheritance law ?A frivolous claim is one that has no basis in fact or law. For example trying to probate an unsigned and unwitnessed will may constitute frivolous. However, what constitutes as frivolous is for the Florida probate court to decide. Fla. Stat. 57.105 awards you attorney fees but not costs. What is the difference between attorney fees and costs? You may want to read Home Grove Plantation HOA v. Aviv, a Fourth District Court of Appeal opinion.

An August 3, 2016 appeal out of the Fourth District Court of Appeal sheds some light on how to get sanctions against the other side for frivolous lawsuits. Have you heard of Florida Statute, section 57.105? This statute may be able to get you attorney’s fees in West Palm Beach probate. However, this case shows that it is not as easy as you may think.

A recent opinion that was handed deals the sanctions, attorney fees under statute 57.105. Florida estate lawsuits, sanctions and a motion for attorneys fees. Hello, my name is John Pankauski. Are you involved in a estate or probate litigation lawsuit? If you are,you want to read this recent case handed down Feb 23rd 2018. It’s a very current case, it’s from Florida’s 5th District Court of Appeal. The opinion is not that long, it’s the case of Moore vs estate of Albee 2018. 2018 Westlaw 20150. Why do you want to read this? This opinion from Florida’s 5th District Court of Appeal dealt with a probate matter, an estate matter, a motion for attorney fees under chapter 57.105, a statute 57.105, which permits a trial court a probate court judge to access sanctions, to sanction someone in the form of attorney fees for bad faith conduct. For making an allegation or a defense that is not supported by the facts of the law. And in this particular matter, the denial of the motion for attorney fees under 57.105 was appealed and you can read all about how the 5th District Court of Appeal analyzed the probate court when it came to its decision and how it affirmed the probate court decision. For more information about seeking sanctions or attorney fees in an estate or probate matter under 57.105, talk to an experienced estate litigation law firm.

What do you do when even when the other side is forced to comply with your discovery requests, but even then the answers they provide are inadequate? Sanctions for somebody for failing to comply with discovery requests and discovery orders. Hello, my name is John Pankauski. I’m a trial attorney with Pankauski Hauser in West Palm Beach. We handle trials, disputes and appeals involving wills, trusts, estates, probates and guardianship’s. Have you ever been involved in an estate or inheritance lawsuit and you’ve propounded or sent discovery to the other side and they are just not playing nicely. They wont respond to your discovery even after you ask them too in writing and you are forced to file a motion to compel them to comply with your discovery and then the answers they give you are inadequate. You think to some extent, they are not proper, they are not acting or responding in good faith. What can you do? Well, you can seek an order from a court, compelling the party to give you complete and accurate answers to your discovery, responses to your discovery and you should also know that there is a rule out there. That if somebody fails to make discovery, if they will not comply with a courts order, if they don’t respond to your discovery properly check out rule 1.380. That’s a rule of civil procedure that your trust litigation attorney or your estate litigation law firm should know about. If you are involved for […]

A recent opinion deals with frivolous claims or allegations. Attorney John Pankauski talks about a recent 4th District Court of Appeal, Appellate opinion regarding 57.105 and what can happen in the middle of a trial and in the middle of an appeal. The case deals with a homeowners assoc against owners and pressure washing sections of the buildings.

A May 11,2016 case out of the Fourth District Court of Appeal sheds some light on how to get sanctions against the other side for frivolous lawsuits. Have you heard of Florida Statute, section 57.105? This statute may be able to get you attorney’s fees in West Palm Beach probate.