Award of Florida Attorneys Fees as Sanctions Appealable At End of Florida Litigation

To appeal an order from a Florida trial court awarding attorneys fees as a sanction, you need to wait til the end of the Florida lawsuit. Most Palm Beach probate litigators know that attorneys fees is an important part of estate lawsuits.  Sometimes, the attorneys fees in a probate lawsuit can approach the amount in controversy.  Probate litigation is expensive in Florida.  I’ve referred to probate attorneys fees or trust litigation attorneys fees as the “X” factor in Palm Beach probate litigation.  Although there are specific Florida statutes in the Florida Trust Code and the Florida Probate Code which permit a probate court to give you attorneys fees, experienced Palm Beach estate lawyers know that there is no guarantee.  Additionally, even if you win your inheritance lawsuit, you may not get all the estate legal fees which you are seeking.  A February 19, 2014 case from Florida’s 2nd District Court of Appeal, not a probate case, reminds us that when attorneys fees are awarded as a sanction, you can’t file an appeal right away.  A petition for writ of certiorari , before trial, is not appropriate to review an award of Florida attorneys fees as a sanction.  Palm Beach estate litigators and Palm Beach trust lawyers know that Palm Beach probate courts have inherent authority to sanction bad faith and, simply, bad, conduct.   A sanction in the probate court is usually in the form of an award of attorneys fees, but not always.  Knowing how to seek sanctions or an award of attorneys fees in a probate lawsuit, and knowing what an order from the probate court should say, are important points which your experienced Palm Beach trust litigation team will be familiar with.