Have you recently been ordered to pay attorney’s fees in a Palm Beach probate matter? Did you know that if a judge fails to set out the written grounds of why that award was proper, it might be appealable? Want to learn more? Check out what the Fourth District Court of Appeal had to say about the issue in a case released yesterday, April 29, 2015.
Attorney’s Fees
- Attorney Fees are not the norm in Delray Beach probate matters, for the most part courts use the “American” rule that each party will bear its own expenses and costs of litigation.
- The exception to the rule is when attorney fees have been discussed in a prior agreement and/or there is a statute or law on point.
- Where can you find these statutes to see if any apply?
- Have you checked the Florida Trust Code?
Written Orders
- When a judge rules on an issue the court (usually) produces a written order.
- If a judge is going to hold you in contempt or something extraordinary they usually set out the reasons in this order.
- Attorney fees are another example of such a time when a written order with some detail is proper.
- What happens when the judge fails to put out the specifics in writing?
- You may have an action for appeal; check out this case out of the Fourth District Court of Appeal.
Beckstrom v. Beckstrom: Its All About Written Findings, or Lack Thereof
- The Fourth District Court of Appeals hears appeals in and around Palm Beach regarding all types of legal issues including divorce and probate.
- A former husband in the instant case is appealing a final judgment of dissolution of marriage. He argued that the court erred in awarding attorney’s fees to his former wife without making the requisite written findings. He was also required to get life insurance.
- The Court ultimately sided with the husband finding that making such an award without a written order with the requisite findings was an abuse of discretion.
- Do you agree? Should the judge have to write out everything?
Palm Beach Appeals
- Palm Beach probate litigators know that a proper appeal requires a preservation of the record.
- Improperly written or unwritten orders can make appeals almost impossible.
- In fact failure to preserve an issue for appeal is grounds for dismissal of an appeal!
Want to learn even more? Check out the entire case by clicking here.