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Fourth DCA Reverses Award of Attorney Fees Because of Missing Language in the Order: What Do Florida Estate Lawyers Need to Know?

Uncategorized • Mar 16, 2016
post about Fourth DCA Reverses Award of Attorney Fees Because of Missing Language in the Order: What Do Florida Estate Lawyers Need to Know?

Florida probate lawyers may be in a rush to determine the validity of their fees but rushing could cost everyone money on appeal. Do you know why? Learn what judges have to put in their orders to avoid an appeal on attorney’s fees in Florida probate litigation. Check out this recent appeal from the Fourth District Court of Appeal to learn more.

Attorney’s Fees

  • I have stated over and over again that attorney fee awards in Florida estate litigation are the exception not the norm.
  • What does that mean for estate attorneys Florida?
  • It means that it could be an uphill battle to prove to the probate judge that you are entitled to those fees.
  • This is very important though as these fees can be an anchor on a probate client’s pocketbook and could make or break the case.
  • So what do you need to know to get attorney fees in Florida probate litigation?
  • Talk to an experienced Florida will contest lawyer before you start filing probate lawsuits and expecting to get paid down the road.
  • Remember that there are certain findings that have to be there.
  • What happens if they are left out?
  • Check out this recent case from the Fourth District Court of Appeal to learn more.
  • Avoid these issues or pay the price on appeal in Florida probate litigation.

Nagl v. Navarro

  • This was a family law case but the standards hold true in Florida estate litigation as well.
  • Do you know why?
  • Because again, the Court is very wary to award attorney fees.
  • How can you prove you are entitled to them?
  • Beyond proving entitlement, you are going to need to make sure that the judgment has the proper language in it.
  • Without that language the case could be ripe for an appeal where you have to start all over again.
  • What happened in this case, what was missing?

Want to learn more?

Check out a free copy of the whole case by clicking here.

  • Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
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