In Florida probate litigation you may have to appeal certain decisions, but did you know that Florida estate lawyers may be able to get the other side to pay the costs? Florida trust lawyers know that there is a difference between attorney fees and court costs, do you know which can be taxed to the loser? Check out this recent appeal from the Second District Court of Appeal to learn how your Florida probate lawyer can save you some money on appeal.
Court Costs and Attorney Fees
- Probate litigation attorneys know that sometimes an appeal is unavoidable.
- At the same time an appeal can mean a few things for you, like more legal expenses and court costs.
- There may be ways to get those costs forwarded to the losing side, ask your Florida estate lawyers how.
- Probate attorneys Florida know that there are strict time limits on when you can move to tax and assess fees so make sure you move sooner rather than later.
- Estate lawyers in Florida like to move as fast as possible.
- Probate litigation attorneys will often fight these motions to try to save their clients more money but guess what if they lost on appeal they may lose here.
- Do you know what fees you can forward to the other side?
- Keep in mind that court costs are different than attorney fees.
- While Courts are very quick to move the costs of court to the losing side, for the most party each side is liable for his or her own attorney fees.
- There are exceptions when there is an attorney fee provision in a contract or a statute in place but those are the standard rules.
- Check out this recent appeal from the Second District Court of Appeal to learn more about court costs and taxing them to the losing side in a probate lawsuit in West Palm Beach.
Perez v. Fay
- This was an appeal from a divorce (dissolution of marriage) lawsuit.
- When you win on appeal you actually go back to the trial court to get your fees assessed.
- This was a second appeal essentially after the wife won on appeal and the trial court denied her motion to tax costs to her former husband.
- Why would they do that?
- This was a rather heated case with many different issues.
- The trial court even ordered that the Mother could not speak Spanish (her native language) to the daughter!
- Does that sound fair?
- Either way the Mother had her day in appeals court twice and won both times.
- The Court decided that the trial court had erred in not awarding the fees to the Mother after a successful appeal.
- Do you agree with the results?
- What does this have to do with your West Palm Beach probate appeal?
Read the whole opinion to learn more.
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