Can I recover appellate attorneys fees in my Florida probate matter ?

What is an offer of judgment? When is a proposal of settlement compliant with Florida Rule of Civil Procedure 1.442? What should my trust and estates lawyer know about the particularity requirement of rule 1.442? You may want to read a March 23,2018 Second DCA opinion, Bright House Networks v. Cassidy.

Appellate Attorneys Fees & Probate Lawyers

West Palm Beach litigators know that, in Florida, parties to litigation may be responsible for paying the other side’s attorneys fees. Florida has “fee shifting” statutes. Florida Statute 768.79 says, among other things, the following:  “…. If a plaintiff files a demand for judgment which is not accepted by the defendant within 30 days and the plaintiff recovers a judgment in an amount at least 25 percent greater than the offer, she or he shall be entitled to recover reasonable costs and attorney’s fees incurred from the date of the filing of the demand…..” Does this Florida fee shifting statute apply to everyone and every case? West Palm Beach appellate lawyers know that it does not.Plaintiffs need to be mindful of who they are suing, including whether the defendant has governmental immunity or whether or not any judgment (after trial) can be reduced or not–or whether a “judgment” is even “recovered.”Even winning may not entitle you to attorneys fees if the “offer” and the “judgment” doesn’t comply with the statute, and as courts have interpreted the statute.

Bright House Networks v. Cassidy

This was a March 23, 2018 Second DCA opinion. Here, the Florida trial court did not grant Bright House Network’s request for attorneys fees.The court determined that Bright House Network’s proposal for settlement failed to strictly comply with Florida Rule of Civil Procedure 1.442.The trial court also determined that the proposal ” did not meet the particlarity requirement of rule 1.442 and was invalid.” To read the entire case and to learn more about proposals for settlement in probate litigation, click here.