Third DCA Attorney’s Fee Appeal: No Attorney Fees in Equity, What Does that Mean for Probate ?

Florida trust lawyers know that part of Florida courts is the rule of equity.  That means that in Florida probate litigation the Court should partially focus on what is fair under the circumstances. Estate lawyers in Florida know though there are limits to what you can claim in equity but do you know what the limits are? This recent appeal from Miami shows that for one thing the probate court cannot award attorney fees in equity. 

Attorney Fees in West Palm Beach Probate

• Probate litigation attorneys know that one thing about probate litigation is that it is very expensive.
• All litigation is expensive, probate litigation is no exception.
• If there is a way to get the other side to pay your fees, Florida probate lawyers are going to go after it for you.
• That being said Florida estate lawyers know there are limits to this availability.
• In general the probate courts in Florida follow the “American Rule” on attorney fees but what does that mean?
• Basically each side bears its own attorney fees.
• There are two big exceptions.
• One is if there is a contract in place that agrees the winning side will have the loser pay its fees.
• The other exception is when there is a statute that allows for the winner to collect fees.
• So what about this rule of equity we just talked about?
• Check out this recent appeal that shows that is not a good excuse to get attorney fees.

City of Miami Beach v. Deutzman

• This was an appeal based on attorney fees.
• The petitioner had been ordered to paid fees but the Court Order did not specify why the award was given.
• Probate attorneys Florida know this is fatal to a claim for fees on appeal and even worse, the attorney failed to even plead a reason to be entitled to fees.
• The appeals court reasoned that the only basis the Court could have based it on was the rule of equity and noted that was not proper grounds.
• Florida estate attorneys know what is next, do you?
• The order for fees was quashed and now both sides will bear their own costs, including those costs on appeal.
• You always have to follow the rules closely in probate court but especially when you are going counter to the rules like the American rule.
• Are you entitled to attorney fees?

Want to learn more?

Check out the entire case by clicking here. 

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