Family & Probate Litigation: Florida Rule of Judicial Administration 2.516

 Are you involved in a Florida lawsuit?  Has your attorney drafted a motion for sanctions against the other party? Do you know what Florida Statute 57.105 is? What are the strict requirements of Rule 2.516? Why is it important for trust and estates lawyers to be very familiar with this rule? If you are involved in civil litigation matter, or if you are a Florida lawyer, you may want to read Estimable v. Prophete.

Estimable v. Prophete is a June 7, 2017 Fourth DCA opinion. Although this was a family law dispute, probate matter also involve motions for sanctions. Here, A mother and father had a custody order in Haiti. When the mother moved to the United States, she filed a petition for determination of paternity, child support, and time sharing for the father. The father moved to dismiss the mother’s petition. He argued that it was frivolous and duplicative to avoid the Haitian order. The father sent a “safe harbor letter”, and then, 35 days later, filed a motion for sanctions. The trial court granted the motion for sanctions. The mother moved for rehearing, and the court denied it. The mother then appealed.  The Fourth DCA reversed the trial court’s decision because the father had failed to comply with Florida’s services rules. The court held that the father’s 21 day “safe harbor” letter, warning of the intent to seek fees as sanctions under 57.105, was deficient under Florida Rule of Judicial Administration 2.516, particularly 2.516(b)(1)(E).   How?  In part, because the letter did not contain four words !!!

“His letter failed to contain “SERVICE OF COURT DOCUMENT,” followed by the case number in the subject line, and did not include in the body of the email the case number, name of the initial party, and title of the document served. He also failed to attach a PDF copy or link containing his motion for sanctions. His letter’s non-compliance requires us to reverse the sanctions order.”

 This opinion is a good reminder for Florida attorneys, and pro se beneficiaries, of how important it is to read, and re-read, all the rules and statutes before filing anything with the West Palm Beach probate court, particularly when seeking fees or sanctions under a statute.

To read the entire case, click here.