Has the other side in a will contest or guardian dispute in West Palm Beach willfully disobeyed the Court? Are they making discovery impossible? Have you considered bringing this up to the Court? You may be entitled to sanctions. Check out this new case out of the Fourth District Court of Appeals.
West Palm Beach Sanctions
- Sanctions can take a number of forms.
- How severe a sanction is will largely depend on how gross and improper the other party’s conduct was.
- Did you know the other party’s defenses might be struck?
- They could even be held in contempt!
- But do you know how to bring these issues to the Court’s attention.
- You may need to file a motion with the court do you know the rules?
- Check out Federal Rules of Civil Procedure, Rule 11 discusses when an attorney may be sanctioned.
- Can these be imputed onto the party?
- Also check out the Florida Rules on sanctions in Fla. Stat. 57.105.
- Does the Federal safe harbor rules apply to the State rules?
Chappelle v. South Fla. Guardianship Program
- This is an action regarding elder exploitation and fraud.
- There was a sanction placed on one party and they were placed on judicial defaultthat resulted in compensatory and punitive damages.
- The defendants then appealed claiming that the trial court entered default without making the required findings under Florida case law.
- Do you know what the court will have to find in order for sanctions apply?
- Courts generally cannot award sanctions without a finding that someone’s actions were improper in writing on the record.
- Are you able to show willful disobedience to the judge?
- Experienced Palm Beach probate litigators know that sanctions will hopefully get the other side to behave but also they can get you some money for the extra hoops you had to jump through.
Want to learn more about West Palm Beach trial sanctions?
Check out the entire case by clicking here.