A May 11,2016 case out of the Fourth 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, section 57.105? This statute may be able to get you attorney’s fees in West Palm Beach probate.
Florida Statute, Section 57.105
- This statute provides that you can seek sanctions when the other side makes you fight a frivolous claim.
- What is a frivolous claim?
- A frivolous claim is one that has no basis in fact or law.
- For example trying to probate an unsigned and unwitnessed will may constitute frivolous.
- However, what constitutes as frivolous is for the probate court to decide.
- What does section 57.105 provide for?
- It award you attorney fees but not costs.
- 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.
Home Grove Plantation HOA v. Aviv
- This Fourth DCA appellate opinion is not a probate case but it is very important as it involves 57.105 sanctions, which can appear in Florida trust and estates litigation.
- The Fourth DCA is the appellate court that hears appeals from Broward County, Palm Beach County, and Martin County.
- This case involves home owners and a home owner’s association(HOA).
- The HOA sued the home owners because they failed to properly pressure clean their building.
- The home owners argued that they complied with what they were supposed to do
- The HOA said that, even though they did what they were supposed to do, there was still molded mildew and pressure cleaning didn’t work.
- The court, on its own action, awarded sanctions against the HOA under 57.105.
- Florida probate litigation firms West Palm Beach know that this statute permits a party, that is raising an issue without basis or fact in law, to be sanctioned.
- The sanction is usually in form of attorneys fees, awarded against a party for filing or maintaining a frivolous lawsuit or position.
- If you file a Florida probate lawsuit, or maintain any position that isn’t based on law or fact, the other side can send you a letter telling you to stop.
- If you don’t stop pursing the frivolous claim, a motion can be filed and the court can award attorney fees in the form of a sanction.
- Here, the trial judge did this on his own volition.
- The Fourth DCA reversed saying that summary judgement and sanctions under 57.105 were improper.
- Perhaps, this case should have been mediated, if it wasn’t, as mediation could have minimized attorneys fees and given everyone certainty and resolution.
- Click here to read the entire case, which will provide you with a better understanding of sanction in trust and estates litigation West Palm Beach.
Want to know more about Florida probate litigation? Consider these free resources:
- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.com/videos/