When is an offer of judgment invalid? Is a general offer to settle both equitable and damage claims permitted under section 769.79 of the Florida Statutes? When does section 768.79 apply? A November 21, 2018 Fourth DCA opinion, Southern Specialties Inc. v. Farmhouse Tomatoes Inc., discusses this issue.
Have you hired a West Palm Beach lawyer to file an unjust enrichment claim for you? What is your unjust enrichment claim based on? Did you know that a four year statute of limitations applies to certain types of unjust enrichment claims? If you are pleading an unjust enrichment claim without referencing any written instrument, you may want to read a November 21, 2018 Fourth DCA opinion, Southern Specialties Inc. v. Farmhouse Tomatoes Inc.
What do wrongful death cases have to do with Florida probate lawsuits? Are you involved in a Florida estate matter that involves a wrongful death case? What are the elements of damages in wrongful death cases in Florida? What is Florida Statute 768.73? What should your estate lawyer know about wrongful death in Florida? If you are involved in a Florida probate matter that involves wrongful death, you may want to read a Fourth DCA opinion, Philip Morris USA Inc & R.J Reynolds Tobacco Company v. Stanley Martin & Estate of Carole Martin.
What does it mean to hire a law firm on a contingency? If you hire a law firm on a contingency basis, you are agreeing to pay the law firm their attorneys fees when the case is resolved, instead of hourly while the case is being litigated. Trust and estates lawyers know that contingency fee agreements are entered into very frequently. However, what happens if you hire a law firm on a contingency basis, decide to discharge that law firm halfway through the case, and then hire a new law firm. Now, there are two law firms that have done work on your case but have not yet been paid. Is the first law firm that you discharged prior to the case being resolved still entitled to attorneys fees? You should read a recent Fourth DCA opinion, Corominas v. Ajay Development Group LLC.
Can an opposing party be awarded attorneys fees if you act in bad faith? Why should your probate litigation lawyer be experienced with attorney fee trials? How can you prove that a law firm acted in bad faith? When is a Florida law firm entitled to attorneys fees? A recent Fourth DCA opinion, Corominas v. Ajay Development Group LLC, discusses these issues.
When is a Florida probate or civil law firm entitled to quantum meruit fees? What should your lawyer know about attorney fee litigation in Florida? Will your West Palm Beach law firm be entitled to attorneys fees for litigating their entitlement to fees ? A recent Florida appellate opinion from the Fourth DCA discusses quantum meruit fees, bad faith, and the inequitable conduct doctrine.
The trust and estates lawyers at Pankauski Hauser frequently get calls from prospective clients who are family members of a decedent. For example, they are beneficiaries of an estate or Florida probate.These prospects are calling our probate litigation firm because they are outraged at the amount of fees that their probate lawyers are taking. Furthermore, they are usually upset with orders that have been entered regarding an attorneys fee request or motion by an attorney for the estate or the probate. Can you appeal this?
Probate lawyers know that, many times, the parties in an estate lawsuit decide to settle, rather than go to trial. When can a trial court grant a motion to approve a settlement agreement? Can an interested person in a Florida estate lawsuit appeal an order granting a motion to approve a settlement agreement? Does the court need to consider evidence before approving a motion for settlement? When should a settlement agreement NOT be approved? If you are involved in probate litigation in Florida, you may want to read a November 28, 2018 Third DCA opinion, Brenda Nestor v. Estate of Victor Posner.
West Palm Beach probate lawyers frequently encounter guardianship cases involving financial exploitation. Family members sometimes file incapacity proceedings in an attempt to help a person who is no longer able to care for themselves. These proceedings are called guardianships. Do guardianships guarantee that your your elderly parent or friend, who suffers from dementia, will not become the victim of financial exploitation? Fort Meyers probate lawyers know that guardianships can be very beneficial IF the right person, with the best interest of the incapacitated person in mind, is the guardian.
Who can make a Florida will? What do estate planning lawyers need to know about will signing ceremonies? How old does a person have to be to make a valid will in Florida? What is Florida Statute 732.501? Does a person have to have testamentary capacity? Can a minor execute a valid will in Palm Beach County?