West Palm Beach Appeals Case: Issue of Attorneys’ Fees up for Appeal a THIRD Time; Get it Right the First Time.

Do you think you are entitled to attorneys’ fees following a  dispute in West Palm Beach probate court? You are going to have to prove that to the Court and believe it or not it be hard to get that right. For example check out this new case out of West Palm Beach (filed just today) where the appeals court laments that it has to send the issue back to the trial court for the third time.

Attorneys’ Fees

• Litigation can get expensive so if you can shift that cost to the other side there is little reason not to.
• There are only two ways to get attorneys’ fees in West Palm Beach – the statutes or a contract.
• First you may want to check the relevant Florida Statutes and see if it has a section awarding attorneys’ fees usually this will be listed among the remedies available.
• The other way is if the contract has an attorneys’ fee section.
• These are sometimes also called “prevailing party clauses.”
• After you found out you have a right to attorneys’ fees you are also going to have to prove the amount.
• What happens if the court awards a lower hourly rate than the one agreed upon with you and a Palm Beach probate litigator?
• Are you on the hook for the surplus?
• Is the other side going to challenge the amount of time spent on certain things?
• If you are suing for multiple legal actions and only one of them has a fees allowance then you may have to distinguish the different causes as well.
• Make sure to get it right or you may end up racking up more fees on appeal.
• Check out this recent case out of the Fourth District Court of Appeal.

Donovan Marine Inc. v. Delmonico

• This was an appeal regarding attorneys’ fees.
• This was actually the third time these cases attorneys’ fees were appealed!
• That can get expensive.
• The jury trial in this case was over seven years ago in 2008!
• If you want to make sure you do not end up in a multi-year battle over the mere entitlement to fees (never mind collecting!) then you need to get the paperwork right.
• You also want an experienced probate attorney who knows how to keep accurate billing.

Want to learn more about attorneys’ fees?

Check out the entire case by clicking here.