The Ultimate Sanction in Florida Probate: when the court dismisses the other side’s lawsuit
A probate court in Florida may, at any time, and on its own initiative, sanction a party or a Florida estate lawyer for bad faith conduct. There are rules for when a court sanctions a trustee or Florida executor or lawyer.One way to sanction a party is to dismiss their lawsuit.This is done sparingly and should not be resorted to lightly. Dismissal of a lawsuit is considered the “ultimate” sanction. A sanction is a punishment by a court against a party, or an estate lawyer, for bad conduct. A sanction may punish you for not following the rules, such as the Florida Probate Rules or the Florida Rules of Civil Procedure. A sanction may also be imposed if you engage in frivolous filings or acts. A recent case from Palm Beach County, Perlmutter v. Olympus Insurance Company, which is NOT a probate case, reminds us that there are certain requirements that are necessary for a court to dismiss the other side’s lawsuit as a sanction. Those requirements are as follows:
- Must be an evidentiary hearing
- Court must make specific findings of fact
- Findings must be supported by competent substantial evidence such as testimony, documents received into evidence. Remember : unsworn argument of your Palm Beach probate lawyer is NOT evidence.
- The bad acts or improper conduct caused prejudice to the other side;
- The party to the lawsuit or their counsel showed a blatant disregard for the court’s orders and the efficient administration of justice.
To read the opinion in its entirety, click here.