Have you been forced into a frivolous lawsuit in West Palm Beach probate court? You may be able to get the costs and attorney fees pushed to the other side. Do you know how to use Florida’s 57.105 statute to get attorney fees? Check out this recent case from the Third District Court of Appeals where one litigant got attorney fees from the Florida Department of Revenue! If he can get money out of the government why are you not getting them in your West Palm Beach frivolous lawsuit.
Florida Statutes 57.105
- West Palm Beach probate courts have enough going on that they do not want to deal with frivolous lawsuits and motions.
- A frivolous claim is one that is devoid of merit and cannot survive under applicable law.
- Have you been slapped with a frivolous motion or lawsuit in West Palm Beach?
- Often times litigants in West Palm Beach are forced to hire lawyers at their own expense to combat a frivolous motion.
- That does not seem fair.
- Luckily the Florida Legislature realized the inherent risk in allowing anyone to drag someone into court for any reason so they created Fla. Stat. 57.105.
- This is a statute that allows you to seek costs and attorney fees when the other side is playing fast and loose with the law.
- Also this may tax those costs to the other side’s law firm!
- That will make any West Palm Beach litigator think twice before filing a baseless or frivolous motion.
- Often people are surprised when a well versed established firm sends a frivolous motion or files a frivolous lawsuit.
- Experienced Palm Beach litigators know that a frivolous case can come from anywhere.
- Check out this recent case out of the Appeals Court in Miami.
Lopez v. Dept. of Revenue
- Usually whether a case in West Palm Beach is frivolous is a matter of debate, which was not the case in this Miami appeal.
- A man was sued by the Department of Revenue for unpaid child support.
- The twist?
- He had never met the mother of the baby, much less had relations with her.
- Despite the clear mix up on the part of the Department, they continued to litigate against the poor guy for six months.
- He had to get an attorney at his own expense to clear his name.
- Also his wife was not very pleased that he owed child support for another woman’s child!
- Either way the Appeals Court set it right and ordered that the man be given fees and costs under Fla. Stat. 57.105.
- Does it get more frivolous than that?
- Maybe, it depends what you are being sued for in West Palm Beach.
- If you think you have grounds to seek fees talk to an experienced Palm Beach probate litigation firm to get the answers you need.
Want to learn more?
Check out this entire case by clicking here.