57.105 Attorneys Fees Claim Fails: 21 day safe harbor letter deficient says Florida 4th DCA
On June 7, 2017, the 4th DCA overturned a Broward County ruling awarding attorneys fees as sanctions under Florida law 57.105 because the notice requirement was improper. Ask your Florida trust lawyer about fake lawsuits and groundless inheritance fights. Why? Because under an obscure, almost secret, Florida law understood by virtually only experienced trial lawyers, you may be able to get your attorneys fees paid for by the other side. To read about the Broward County ruling that was over-turned by the Palm Beach appeals court, read on:
- But WAIT, before you call your estate lawyer in Palm Beach on speed-dial, you need to understand that 57.105 is only applicable if the other side is making a claim or a defense which is NOT supported by the facts or the law.
- Palm Beach Appeals Court Speaks on 57.105: On June 7, 2017 the Palm Beach Appeals Court, Florida’s 4th District Court of Appeal, issued its opinion in the case of Estimable v. Prophete ___ So. 3d ___ (Fla., 4th DCA, June 7, 2017).
- Anyone involved in a Florida lawsuit where there are groundless or frivolous claims being made, or defenses raised, should consider evaluating whether a claim under 57.105 to the other side is proper or not.
- This recent appeals court case reminds estate litigators about a couple of things that cannot be overlooked when seeking fees from the other side.
- First, since the award of attorneys fees in Florida is only permissible by a contract or statute, you need to know what you are travelling under.
- If you are travelling under the Florida statute or law 57.105, understand that strict compliance with that law is vital.
- Or, as the probate litigation law firms who conduct trials say: “57.105 must be strictly construed.”
- That means that you must follow that law to the letter.
- That means that you have to give PROPER notice of your claim for attorneys fees BEFORE you file your 57.105 motion in a Florida court.
- This notice is referred to by trust litigators or probate litigators as a “21 day letter”.
- The 4th DCA refers to it as a “safe harbor letter.”
- The safe harbor letter MUST comply with the statute.
- And the motion for fees, which is really a motion for sanctions under 57.105, must also strictly comply with the law.
- You should read, and understand, Florida Rule of Judicial Administration 2.516, particularly 2.516(b)(1)(E).
- In this Broward County lawsuit, the safe harbor letter was not in compliance with the law. Since the Broward County court said it was; and the appeals court disagreed; the 4th DCA overturned the Broward County Court.
- In part, the 21 day letter was missing four important words.
- To find out exactly what was wrong with the safe harbor letter, you can read this Florida appeals court opinion on 57.105 for free by clicking this link: https://edca.4dca.org/DCADocs/2016/0725/160725_DC13_06072017_084301_i.pdf