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Attorneys Fees as a Sanction Against the Other Side’s Lawyer

Uncategorized Mar 20, 2019

Guardianship litigation is important stuff ! One of the hot topics is marriage or divorce of a person who may have been alleged to be incapacitated. Can you get a divorce if there is a guardianship action?  Can you get married if you are incapacitated? If you are incapacitated, can a marriage that was just performed be annulled or declared void ab initio? These are some of the marriage issues which Palm Beach guardianship lawyers may face from time to time.Ask any Probate Litigation attorney in Palm Beach and they will tell you that probate court judges do not like it when attorneys file baseless claims in guardianship court or probate court.  Why?  That’s “sanctionable.”  Lawyers, and their guardianship clients, should not file insincere or frivolous claims. What’s a frivolous claim ?  A frivolous claim is one that has no basis in law or in fact. What’s the significance of a frivolous claim?  You, or your lawyer, can be sanctioned by a Florida probate court judge.

A recent, February 20th, 2019 4th District Court of Appeal case, from Broward County, involves a frivolous claim. And, the Ft. Lauderdale probate court judge was clearly not pleased with the baseless claim. His Honor held that the spouse and the spouse’s guardianship lawyer were subject to sanctions. While this Ft. Lauderdale guardianship case is actually about due process rights, notice, and an opportunity to be heard before sanctions should be imposed, this guardianship appeal opinion from the 4th DCA is also an interesting read for anyone involved in a Florida guardianship. To read the entire opinion click here. To interview an experienced West Palm Beach guardianship lawyer, free of charge, call (561) 514-0900 Ext.101.