Are you accusing an attorney-in-fact (different from an attorney at law) of civil conspiracy under Fla. Stat. §709.08? Did you know you might be entitled to attorney’s fees? The allowance may be broader than you think. Take a look at what the First District Court of Appeal had to say about the issue in a case decided just last week.
Attorney’s Fees
- Absent an agreement in a document like a trust charter or contest clause of a will,parties are responsible for their own attorney’s fees.
- There is one big exception though; do you know what it is?
- Florida (and Federal) legislatures have allowed for attorney’s fees in certain types of actions under the law.
- Did you know that various sections of Florida’s Probate Code allow for attorney’s fees?
- Do you know where to look for your Delray Beach probate dispute?
- You can start by checking out Fla. Stat. §709.08.
- Palm Beach probate litigators know that when it is unclear whether or not something falls within the meaning of an attorney’s fee clause (or statute) the parties will fight tooth and nail to win this dispute.
- Are you prepared for that fight?
- If you do not have an attorney can these sections reimburse you for the time you spent litigating?!
Civil Conspiracy
- Do you know what civil conspiracy is in Boynton Beach?
- A civil conspiracy (also sometimes referred to as collusion) is an agreement between two or more parties to deprive a third party of legal rights or deceive a third party to obtain an illegal objective.
Florida First District Court of Appeals Sets a Broad Definition for Attorney’s Fee Statute.
- The First District Court of Appeals filed its opinion on the case of Newborn v. Isbel, –So. 3d –, 2015 WL 1809314. ( A free copy is linked to the bottom of this article as well).
- The Court was tasked with interpreting a clause in §709.08 that awards attorney’s fees.
- An action was brought regarding civil conspiracy of an attorney in fact. The controversy surrounded the question of whether the action contemplated was within the spectrum of allowed actions.
- Ultimately the court read the text broadly and allowed a plaintiff to collect attorney’s fees even though the case was settled without trial.
Want to learn even more? Check out the entire case by clicking here.