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Probate Litigation: Attorney’s Fees & Appeals

Uncategorized Dec 3, 2018
post about Probate Litigation: Attorney’s Fees & Appeals

What is Florida Statute 768.79? What is permitted under this Florida Statute? What should Florida probate lawyers know about attorney’s fees and appeals? When are appellate attorney’s fees awarded to party? 

Fla. Stat. 768.79 allows for a party to make an offer of judgment in good faith in order to avoid the costs of a needless trial.This Florida law is often used by probate litigation law firms in West Palm Beach.The statute can be used to recover Florida attorney’s fees, under certain circumstances, if you win your trust and estates lawsuit. The offer of judgment law in Florida, Florida Law 768.79, is actually called a proposal for settlement. But what happens if the offer of judgment upon which an award of attorneys fees is based is invalid? This is exactly what a November 21, 2018 Fourth DCA opinion, Southern Specialties Inc. v. Farmhouse Tomatoes Inc, discusses.  If you are involved in an appeal over attorney’s fees, click here to read the entire case.