A recent case out of the Second District Court of Appeal sheds some light on how to get sanctions against the other side for frivolous lawsuits. Have you heard of Florida Statute 57.105? This statute may be able to get youattorney’s fees in West Palm Beach probate, learn how.
Florida Statute 57.105
- This statute provides that you can seek sanctions when the other side makes you fight a frivolous claim.
- A frivolous claim is one that has no basis in fact or law.
- For example trying to probate an unsigned unwitnessed will may constitute frivolous, that is for the probate court to decide.
- It is important to remember what the statute covers.
- For example it will award you attorney fees but not costs as those are not mentioned in the statute.
- Do you know the difference?
- Keep in mind this swings both ways and you could be on the hook for frivolous claims as well.
- That is why it is important to keep a record on appeal in case you disagree with an award.
- How do you maintain the record?
Keeping a Record for the Appeals Court
- Often time’s attorneys want to keep costs down in West Palm Beach probate court.
- Watch out for attorneys that always skip hiring a Court Reporter.
- Court reporters are crucial to getting what you want on appeal because they prepare a transcript that the Court can review.
- Are you skipping out on the Court reporter?
- Watch out it could spell disaster on appeal.
Heldt-Pope v. Thibault
- This was an appeal from an award of attorney’s fees and costs.
- The Court noted on appeal that it had to strike the award of costs, because the statute does not provide for them.
- The Court was not willing to get rid of the $20,000 attorney fee award do you know why?
- There was no transcript!
- If there is even a scintilla of a chance that you are going to appeal then pay the money and get a court reporter.
- Did you know that you may be able to get the appeals court to review any order under the certiorari powers?
Want to learn more?
Check out this recent and interesting case by clicking here.
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