How Can I Sanction the Other Side for Ridiculous Probate Lawsuits? What About on Appeal?

Are you being dragged into the West Palm Beach Appeals Court after a  swift victory in probate court? You may be able to get your attorney fees paid for on appeal under Fla. Stat. 57.105. Have you read the statute that awards fees for frivolous motions, lawsuits and appeals?  Check out this recent case out of the Fourth District Court of Appeal to learn more.

Frivolous Litigation and Sanctions

• If you ever check a legal forum people are always asking, “can I sue for that.”
• The true answer is – you can sue for almost anything.
• And trust me, people do.
• In West Palm Beach people file lawsuits (including probate lawsuits) at the drop of a hat.
• Sometimes though those lawsuits are baseless.
• The Court would call these types of lawsuits frivolous.
• Did you know that Florida Statute 57.105 creates a legal sanction for lawyers and clients that bring frivolous lawsuits?
• What constitutes a frivolous lawsuit?
• The Court has defined this term in light of what a reasonable lawyer would know.
• In other words, if a reasonable lawyer would consider the lawsuit meritless or baseless it is frivolous.
• The test is not whether or not your lawyer says it is fair but whether or not a reasonable lawyer would.
• How does this rule work in West Palm Beach probate court?
• Did you know that this rule can also apply West Palm Beach appeals?

Cosner v. Park

• This was an appeal to the Fourth District Court of Appeal in West Palm Beach.
• The defendant was award fees pursuant to Fla. Stat. 57.105 in the trial court so the plaintiff appealed.
• Guess what the appeals court did?
• They awarded fees under that statute as well!
• You can use this statute to your advantage when forced to defend a frivolous probate lawsuit.
• Are you being forced to defend lawsuits after an angry beneficiary did not get their way inprobate court?
• This statute could ensure that you are not left paying for all the frivolous litigation.

Want to learn more?

You can start by checking out the entire case by clicking here.

Also try reading the statute, click here.

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