Are you a Palm Beach trustee attempting to defend a lawsuit against a beneficiary or other party? Has the plaintiff repeatedly refused to follow court orders pertaining to discovery or other routine matters? Have you considered sanctions? Normally sanctions are limited to costs which may seem inconsequential to you, but did you know that dismissal of the action might also be a sanction?
Palm Beach Probate Court Sanctions
- Courts require order to act properly, but when you upset a judge in reality he does not bang a gavel and say “order in the court!”
- Reality is court sanctions.
- Sanctions can be awarded in any court at any judge’s discretion for the most part.
- In fact there is very little a court cannot do in ways of sanctions.
- A court can order you to pay for attorney’s fees or even dismiss your case!
- Luckily it is not that easy to be awarded sanctions, you have to be pretty improper.
- Missing a deposition may result in you paying for all of the costs associated with that missed appointment.
- That sure is not going to be cheap; do you know how much court reporters and expert witnesses charge by the hour?
- On the other hand willful refusal of court orders may result in a case being dismissed!
- The court can also prevent you from putting on evidence of a certain issue at trial or strike your pleadings.
- For an example of when sanctions can really pile up take a look at this case that was filed May 27, 2015 in the Fourth District Court of Appeals.
Bank of New York v. Kossis
- The bank appealed a circuit court order that dismissed their foreclosure actionwithout prejudice as a sanction when they failed to comply with a discovery order.
- The bank won their appeal to have the case remanded but they are not out of the woods yet it was only overturned because of a technicality.
- The circuit court can reissue this same sanction they will just have to file a little bit more paperwork.
- Since it was dismissed without prejudice can they just re-file?
- Probably, then again hopefully that statute of limitations has not run right?
Want to learn more?
Check out the entire case by clicking here.