Florida Probate Lawsuits: Entitlement to Attorneys Fees
“Getting” attorneys fees in a Florida probate lawsuit may seem easier than one thinks. After all, if you have a contract awarding the “prevailing party” attorneys fees, that seems simple enough, right? Or, if you have a statute, a law, such as the attorney fees laws found in the Florida Probate Code or the Florida Trust Code, they seem straightforward, right?
Remember, in Florida, courts go by the “American” rule: you only get attorneys fees, even if you win, if there is a law, a statute, or a contract provision .
So, what confuses some beneficiaries and family members from outside the state of Florida is litigating the entitlement to attorneys fees versus the amount. Generally, when you “get” attorneys fees , you are entitled to “get” fees through an award of entitlement, not an amount. There are exceptions. The most common exception is when fees are awarded as a sanction and when a contract or a statute provides so. In some Florida contracts, there is specific language for a prevailing party to obtain attorneys fees if there is a dispute between the parties to the contract. Now, do you get fees through an award of entitlement, or do you get fees for litigating the amount of fees? It depends on how your contract is drafted.
A recent 1st DCA case, Windsor Falls Condominium Association Inc. v. Davis, speaks to this issue. To interview a Florida lawyer to assist you with an attorney fee dispute, call (561) 514-0900 Ext.101.