Fourth DCA Appeals Case: What Do I Need to Plead to Prove an Entitlement to Attorney Fees?

In West Palm Beach you may have as little as thirty (30)  days to file a motion for attorney’s feesafter the close of your case. Do you know what you must plead to be entitled to fees? Has your attorney discussed the possibility of pursuing these fees and other costs associated with a will contest or tortious interference case? Learn how to reduce your bill and get the losing party to pay. Check out a recent case out of the Fourth District Court of Appeals where one party had to get the appellate court to recognize the sufficiency of its pleadings and ask what can you do to avoid that expense.

Attorney’s Fees

• Florida including West Palm Beach follows what is known as the American Rule for attorney’s fees.
• That means that each party generally bears the cost of their own litigation team.
• That is not the case with costs of litigation like discovery usually you can recoup those if you win.
• You can also obtain an order for attorney’s fees in limited cases.
• Do you know what they are?
• Generally you can get them if there is an applicable contract, for example you and a business partner agreed that in a dispute the losing party would be responsible for fees.
• Another way is an award through a valid Florida or Federal statute that allows you to collect.
• Do you know where to find these statutes?
• Consult an experienced Palm Beach probate attorney to make your litigation fees drop drastically.
• You will have to plead these fees and prove them to the court do you know how?

Nathanson v. Morelli & Stern

• This was an appeal to the Fourth District Court of Appeals in and for West Palm Beach County.
• The issue presented to the court was whether the appellant sufficiently plead entitlement to fees.
• The trial court had struck the fees and on appeal this was reversed.
• Do you know how you are going to prove entitlement to fees?
• Make sure to learn from the mistakes of this appellant in order to avoid the expense of going on appeal for fees.

Want to learn more?

Check out the entire case by clicking here.