How Can I Recover Expenses from a Florida Estate Lawsuit? December 9, 2015 2nd DCA case on cost recovery

Florida probate litigation attorneys know that when you are the prevailing party, or, when you win your estate lawsuit, or the other side “takes” a voluntary dismissal, you are generally entitled to costs. How do I get reimbursed my costs or expenses in Florida lawsuits?  What expenses can you recover,and how do you get your costs back in Florida probate litigation?  A new, December 9th, 2015, 2nd DCA case, not a probate case, examines the recovery of costs in Florida trial litigation.  The Field Club, Inc. v. Alario, 40 Fla. L. Weekly D 2734 : http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2015/December/December%2009,%202015/2D14-4838.pdf

What Litigation Expenses Can My Florida Estate Lawyer Recover for Me?

• Let’s say that your probate litigation law firm West Palm Beach was defending you against a tortious interference with expectancy or inheritance Florida lawsuit in the civil division and the plaintiff, say, a disgruntled, dis-inherited stepchild or half sister, sued you over an inheritance or a Boca Raton joint bank account
• Then the plaintiff dismissed her lawsuit
• You tell your estate lawyer Delray Beach to file a motion for costs
• What costs can you get, or recover, from this inheritance lawsuit?
• Can you recover court reporter fees for transcripts and attendance at hearings in the probate court?
• What is the Florida Statewide Uniform Guidelines for Taxation of Costs in Civil Actions and why do I need to know that and must a Palm Beach court follow it?
• Can I get reimbursed for “real time” court reporting services or plain old regular court reporting services?
• What about “miscellaneous costs?”  Can I get reimbursed from the other side who filed the crazy lawsuit against me in the first place?
• What expert witness fees can I get reimbursed for and does it matter if the expert testified in the estate trial Florida or not? Does it matter if my probate litigation Florida lawyer called the expert witness to testify at the estate trial or not, and just used the expert for advice and consultation?

How to get your costs back from winning a Florida estate lawsuit

1. Do you know what your burden is to recover your costs after you won the estate lawsuit?
2. Do you know how to conduct yourself in an evidentiary cost recovery hearing?
3. Do you know the difference between an evidentiary hearing and a hearing where there will only be oral argument?
4. Who will you call as a witness at your cost hearing to testify, and what documents will your estate litigation lawyer Florida introduce into evidence at the evidentiary hearing?
5. Who has the burden at the cost hearing ,and how do you meet your burden to win the cost hearing, and get reimbursed your litigation costs?
6. These are all basic, but serious questions, you should have for your estate attorney Florida.
7. One final question: does it matter if your probate lawsuit is a contingency fee and you are paying your Palm Beach Gardens will contest attorney on a contingency feebasis?
8. Read this recent case to guide you through recovering costs: http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2015/December/December%2009,%202015/2D14-4838.pdfWant to see short, concise, free online videos about Florida Trust & Probate from a private Florida trust video library in the cloud?

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