Florida Probate Litigation: Costs v. Attorneys Fees

Uncategorized • Feb 5, 2019

Did you know that the winning party in a Florida probate lawsuit is entitled to costs? Are costs different than attorneys fees? What should my trust litigator tell me about obtaining costs and fees from the opposing party? A recent Third DCA opinion, Miami Beach Club Motel Condominium Association v. RDR Seashore, reminds us that the winning party to a Florida lawsuit is entitled to “get” costs.

A Florida statute is explained in more detail in this Third DCA opinion. What’s important for Florida lawyers to understand is that “costs” are different than “attorneys fees.” Here, the 3rd DCA agreed with the trial court’s order denying attorney’s fees. However, the Third DCA reversed the portion of the trial court’s order that denied taxable costs. They based their decision on Florida Statute 57.041(1).

Florida Statute 57.041 Costs; recovery from losing party.—

(1) The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment; but this section does not apply to executors or administrators in actions when they are not liable for costs.

(2) Costs may be collected by execution on the judgment or order assessing costs.

To read the entire opinion, click here. To interview a Florida trust lawyer, free of charge, call 561-514-0900 ext.101.