Fourth DCA Case Illustrates How Important the “Starting Point” for Attorney’s Fees Really Is

Do you have a claim that entitles you to attorney fees in the West Palm Beach probate lawsuit? You may be surprised to learn that a lot of the rules that allow for a collection of fees are not a blank check. The fees start accruing at specific points in time and failure to count properly could mean one of two things. You are either missing out on fees you are entitled to or you are in for a shock when the check is half of what you expected. Do you know the rules for calculating your attorney’s fees in West Palm Beach?

Attorney’s Fees in West Palm Beach

• There are a few ways to get attorney’s fees in West Palm Beach.
• First you may have a right to fees as a result of a contract, usually this will include allfees related to the dispute.
• The other way is through a Florida Statute.
• The Statutes require a strict reading to understand when the right to fees commences (starts).
• What does that mean?
• For example there is a Florida Statute that says if one party makes a settlement offer and the other side rejects it then does no better than that offer at trial (or through summary judgment etc.) then the loser must pay the winner’s fees.
• This is grounded in the policy of keeping “Hail Mary” lawsuits out of Court.
• If the offer is good enough, you should have accepted.
• Now it is important to note what the offer does though, it entitles the person to fees from the time the offer is made.
• Not all the fees from the start of the suit.
• This is not the only statute that the West Palm Beach probate courts use to allow for limited alottment of fees.
• Check out this appeal from the Fourth District Court of Appeals.

General Commercial Properties Inc., v. State of Florida DOT

• This was an appeal from an eminent domain case.
• That is where the city or state takes land owned by private individuals to use for public use.
• If you are given an offer to sell property in Florida for eminent domain purposes, this may “kickstart” an attorney’s fee provision from Fla. Stat. 73.092.
• This was a case that was meant to determine when the fees started as one offer was made with the notion that it not be used in calculating the fees.
• Does that sound fair to you?
• Should one side be able to control when the fees kick in, basically allowing them to control the statute?
• Experienced Palm Beach probate litigators know how to use the offer of judgment rule to hem in a litigous plaintiff.
• Are you prepared to get the fees to which you are entitled?

If you want to learn more about attorney fees in West Palm Beach check out the entire case by clicking here.