What do I need to know about 57.105 motion? New Palm Beach, Florida 57.105 Case
If you are involved in Palm Beach probate litigation, or trial work in Florida, you may have questions about57.105. There is a recent case from Palm Beach’s appeals court, the 4th District Court of Appeal, on 57.105.
Florida’s 57.105 and the motion for fees as a sanction in lawsuits
- 57.105 is a Florida statute
- Which makes someone pay attorneys fees
- For filing a baseless or frivolous claim
- Who has to pay attorneys fees in the Florida lawsuit?
- Any party who makes a claim which has no basis in fact or law
- AND….. that party’s attorney has to pay 50% of the Florida attorneys fees
- 57.105 is a SANCTION against bad conduct
- So, if you file a motion, a Palm Beach probate claim, a lawsuit, a defense, etc., and there is no basis under Florida law (example, Florida Probate Code or Florida Trust Code) you could be sanctioned and ordered to pay attorneys fees
- There must be a 57.105 letter so you have a chance to withdraw your baseless claim
- And there will be a hearing on the motion if it is filed.
There is a recent Palm Beach appeals case on Florida’s 57.105 statute: MIHALYI v.LASALLE BANK, N.A, 2014 WL 5460617, No. 4D13-2447, Oct. 29, 2014. You can get a copy by going to the 4th District Court of Appeal’s website and clicking on “Opinions” and then clicking on the date and then the case.