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.