Probate litigation in West Palm Beach is not like the movies. You cannot just use tricks and excessive litigation to force the other side into compromise. In fact if that is your strategy you may be at risk for sanctions under Fla. Stat. 57.105. Are you ignoring fact and reason in your case? You may want to read this recent case out of the Third District Court of Appeal where a party was slapped with sanctions for a frivolous appeal.
Sanctions
- In both the Federal and State systems of Court there are special rules that allow for sanctions.
- In Florida you may want to check out Florida Statute 57.105 and if you are in Federal Court its counterpart Rule 11 of the Federal Rules of Civil Procedure.
- These rules are pretty clear, an attorney (or pro-se litigant) may not bring a frivolous claim or argument.
- What makes an argument frivolous?
- In West Palm Beach an argument is frivolous if it has no basis in law or fact, or if it is brought to embarrass or harass a party in bad faith.
- If you are concerned that the other side is bringing a will contest or other claim for improper reasons it may be proper to motion the Court under these rules.
- This can allow you to collect fees that you expended defending ridiculous claims.
- You will have to give the other side fair and detailed notice of your claim.
- You are going to have to specify what the issues are with pleadings and identify what parts of frivolous.
- The other side should then have a chance to retract before the Court hears your claim for sanctions.
- One way to end up racking up a huge sanctions and fees bill is to institute frivolous appeals once you lose.
Aghion v. Franco Investments
- This was an appeal to the Third District Court of Appeals in Miami-Dade County.
- The Appellee (the one defending an appeal) was seeking an award of attorney feespursuant to Fla. Stat. 57.105.
- The Appellant had instituted a frivolous appeal and the appeals court awarded fees as a result.
- Are you being dragged into litigation that is unfounded and improper?
- You may have grounds to claim an entitlement to fees in West Palm Beach for having to litigate.
- Do you know how you are going to prove to the Court that your opponent’s claims are without merit?
Want to learn more about claiming an entitlement to fees in West Palm Beach?
Check out the entire case of Aghion v. Franco Investments by clicking here.