When can I be awarded attorneys fees in a probate or trust and estates lawsuit? What is section 57.105 of the Florida Statutes? What is a frivolous lawsuit? What is section 57.105 designed to deter? You may want to read St. Peter v. Osorio-Khor.
Attorneys Fees, 57.105, Probate Litigation
- 57.105 is a Florida statute, which makes someone pay attorneys fees for filing a baseless or frivolous claim.
- Who has to pay attorneys fees in the Florida lawsuit?
- Any party who makes a claim which has no basis in fact or law may have to pay attorneys fees for the other side.
- 57.105 is a SANCTION against bad conduct.
- So, if you file a motion, a Palm Beach probate claim, a lawsuit, a defense, etc., and there is no basis under Florida law (example, Florida Probate Code or Florida Trust Code) you could be sanctioned and ordered to pay attorneys fees.
- There is a hearing on the motion if it is filed
- In St. Peter v. Osorio-Khor, an August 16, 2016 Fourth DCA opinion, the trial court ruled that sanctions pursuant to section 57.105 were inappropriate.
- The trial court judge clearly states that she can’t say that Khor’s lawsuit was filed in total bad faith.
- This is despite Khor not being an interested person in the Florida guardianship matter.
- St. Peter appealed.
- The Fourth DCA affirmed the trial courts decision denying the motion for attorney’s fees under section 57.105, Florida Statutes(2014).
- Why?
- Click here to read the 4th DCA’s opinion in this Florida 57.105 case.