Vechten v. Anyzeski: What do I have to plead to get attorney fees?

Are you involved in an adversarial probate matter in West Palm Beach?  Is the bill piling up? Maybe you should consider asking the court to award you attorney fees. Check out what the Fourth District Court of Appeals had to say when a party failed to plead sufficiently. 

Attorney Fees

• Florida like all states in the United States utilizes the “American Rule” on attorney fees.
• Do you know what the “European Rule” is and why its not the rule in Delray Beach?
• In America parties pay their own costs of litigation, that is the rule and there are only two exceptions.
• The first is a statutory exception meaning that a statute allows for the collection of attorney fees.
• Most civil rights actions and other federal actions have attorney fees sections.
• Also many states (Florida included) have statutes on the books for sanctioning frivolous litigation, this is also a statutory exception.
• The other exception is when parties agree to the prevailing (winning) party being awarded fees. This is also commonly referred to as the contractual exception. 
• Where do you think you would find such an agreement?
• What do you have to plead to be awarded fees under either of these exceptions?

Van Vechten v. Anyzeski

• The Fourth District Court of Appeals regularly hears cases in and around Palm Beach. The Court recently released its opinion in the case of Van Vechten v. Anyzeski , No. 4D13-2980 / 4D13-3520, January 21, 2015.
• The decedent had left a trust with a value of about $100,000 and the trustee had to litigate regarding the validity of a trust amendment. 
• The decedent’s trustee appealed probate orders that denied her attorney fees. The court found that there was no error, she had failed to properly plead an entitlement to attorney’s fees.
• What could she have done different in this Palm Beach Probate case?

Want to learn more? Read the entire case by clicking here.