Fifth DCA Case: When Are You Entitled to Attorney’s Fees?

Have you had to engage in litigation to have your rights protected   in West Palm Beach? You may be entitled to attorney’s fees for the expenses you expended in protecting your rights. Do you know how to prove you are entitled to reasonable attorney’s fees in West Palm Beach probate court? A recent case out of the Fifth District Court of Appeals shows that a litigant may be entitled to attorney’s fees in a case regarding insurance stacking.

Attorney’s Fees

• There are two ways to show that you are entitled to attorney’s fees.
• The first is a statutory allowance of attorney fees for example in a divorce action the less well off spouse may pursue fees from the other party.
• Another common statute involves improper litigation, if a party engages in litigation for an improper motive the other party may be entitled to a reasonable attorney fee for that particular litigation.
• A common example is a discovery dispute that is without merit.
• Another way to get attorney’s fees is to have an agreement or contract that allows for attorney’s fees.
• Do you have such a contract?
• Can a will or trust agreement contain such a clause?

Shirtcliffe v. State Farm Mutual Automobile

• The sole issue on an appeal is whether the Appellant was entitled to recover statutory attorney’s fees in connection with a declaratory judgment?
• Do you know what a declaratory judgment action is and how to win in West Palm Beach?
• The underlying dispute dealt with the issue of stacking insurance policies.
• While the insurance company originally said such stacking was impermissible it later changed course and admitted its error.
• The court said this was enough to consider a confession of error or judgment.
• Do you agree?
• Are you entitled to attorney’s fees?
• Do you know how to prove to the court that entitlement?
• Experienced Palm Beach probate lawyers know that this motions are imperative to bringing the cost of litigation down.

Want to learn more?

Check out the entire case by clicking here.