Trial Courts in West Palm Beach may be wary to award you attorney fees because of what a rare remedy that really is. Do not be surprised when it is an uphill battle to get your fees in a Probate lawsuit. That being said you may be able to appeal a denial for the right reasons. Check out this new case out of the Third District Court of Appeal in Miami to learn why and how!
Attorney Fees
- Why are attorney’s fees so hard to get in a West Palm Beach probate lawsuit?
- Courts in Florida utilize what is known as the “American Rule” when it comes to who pays the attorney fees.
- The rule is simple – everybody pays their own way.
- The other rule the “English Rule” says the loser pays for everybody’s fees.
- There are exceptions to any rule and the American Rule has exceptions as well.
- For example a statute may create a right for a prevailing party or a plaintiff to collect attorney’s fees.
- For example complaints related to wage disputes often have a one sided fee award, only a successful plaintiff can collect fees not a victorious defendant.
- The other exception is where there is a contract in place.
- Absent a clear express contract the Court has to rely on statutes and a statute has to be strictly construed.
- What does that mean?
- Basically you have to comply with it perfectly and not derogate from the clear meaning of the words.
- So, judges are cautious to start awarding fees.
- That means your probate lawsuit may be an uphill battle.
- Trust an experienced Palm Beach probate litigator to get you the fees to which you are entitled.
Cozzo v. Cozzo
- This was a marital dissolution (divorce case) that was appealed based on fees.
- The wife was seeking attorney fees from the husband but the trial court just ended the hearing in the middle abruptly and the record is not clear as to why.
- Either way the appeals court noted that was improper after a motion for reconsideration.
- The case is being sent back to the trial court so the wife can attempt yet again to get the fees she is owed.
Want to learn more about how to get attorney’s fees in a West Palm Beach probate lawsuit?
Check out this entire new case by clicking here.
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