No one likes to lose but after you lose your Palm Beach will contest or intentional interference with an inheritance claim are you going to be on the hook for attorneys fees? What does the other side have to show to get you to pay attorney’s fees and what can you do to prevent it? A case out of Florida’s Fourth District Court of Appeal today shows how you can win a battle even after losing the war. Attorney’s Fees.
- Florida and especially Federal law have a variety of rules and statutes that allow forattorney’s fees.
- For the most part these rules are grounded in fair administration, they may only take effect if you are litigating in bad faith or maliciously. Failing to produce discovery is a common act that could result in sanctions, namely an award of part of a party’s attorney fees.
- I have previously written about Florida’s offer of judgment rule which is also a very common way to be awarded attorney’s fees when parties choose to go to trial.
Florida Fourth DCA refuses to award attorneys fees to a party when they fail to include some “essential evidentiary support” of those fees.
- The Florida Fourth DCA has recently handed down its opinion in the case of Martinez et. al. v. ALS IV LLC et. al., April 8, 2015 No. 4D13-3578
- Ms. Martinez had the unfortunate situation where her home was foreclosed and then the bank also sought attorney’s fees. She appealed this and while the court refused to reverse in regards to the foreclosure, they did say they would not support the attorney’s fees given they lacked evidentiary support.
- What kind of evidence (besides billing statements) was the court expecting? Do you agree with this result?
- Are you sure you are on the hook for attorneys fees after a failed Palm Beach Probate dispute? You lost that will contest in Delray but does that mean you also need to pay the losers for the attorneys that beat you?
Want to learn more? Check out the case here.