What costs can I recover in Florida probate litigation case?
In Florida probate litigation, costs and attorneys fees can add up. That’s why many experienced Florida probate lawyers want parties to a Florida probate lawsuit to consider your fees and costs when engaging in Palm Beach County probate litigation.
Florida Probate Code Attorneys Fees Statutes
- Although Palm Beach probate lawyers know the “fee shifting” statutes which provide for prevailing parties to “get” attorneys fees and costs if they win
- There are also important, other, Florida laws on litigation costs & interest which are worth noting
- A very recent Florida lawsuit involving costs and interest was just resolved by a published Florida Appeals Court opinion
- This was not a probate court case or a Florida probate case but it was a civil Florida lawsuit from Miami: Florida’s Third District Court of Appeal
- (Florida’s 3rd District Court of Appeal hears appeals of civil and probate lawsuits from Miami. Appeals of Palm Beach probate lawsuits and civil cases “go” to the 4th District Court of Appeal in West Palm Beach)
- Those that are involved in probate litigation in the Civil Division may want to read this Florida appeals court opinion on costs and interest
Florida Probate Litigation Not in Probate Court
- Many times, Palm Beach probate litigation law firms have estate lawsuits outside of the Palm Beach probate court
- There may be “torts” or civil wrongs which need to be, or must be, filed in the civil division
- An example of this type of estate lawsuit may be a wrongful death lawsuit or a fraud lawsuit brought by the executor of the will or personal representative
- It can also include probate lawsuits where a jury trial is asked for
- (Probate litigators may seek a “bench” trial or a trial by jury under various scenarios)
Can a Probate Litigation Lawsuit Recover Expert Witness Costs, Court Reporter Costs and Mediation Costs?
- To read more about recovering your costs from a Florida civil lawsuit, see this case of Albanese Popkin Huges Cove, Inc. v. Scharlin, 39 Fla. L. Weekly D 1427
- This was decided on July 9, 2014 and may be accessed at the Florida appeals court website by doing a simple Google search and then scrolling down “Opinions” by date