In Florida, can you get sanctions against the other side for a frivolous lawsuit? What is a frivolous lawsuit in Florida probate litigation? What should my probate law firm know about frivolous lawsuits? What is Florida Statute, section 57.105? West Palm Beach wills lawyers know that this statute may be able to get you attorney’s fees.
Florida Statute, Section 57.105( Fla. Stat. 57.105)
- This statute provides that you can seek sanctions when the other side makes you fight a frivolous claim.
- What is a frivolous claim according to Florida inheritance law ?
- A frivolous claim is one that has no basis in fact or law.
- For example trying to probate an unsigned and unwitnessed will may constitute frivolous.
- However, what constitutes as frivolous is for the Florida probate court to decide.
- Fla. Stat. 57.105 awards you attorney fees but not costs.
- What is the difference between attorney fees and costs?
- You may want to read a recent Fourth District Court of Appeal opinion.
Home Grove Plantation HOA v. Aviv
- This May 11,2016 Fourth DCA appellate opinion is not a trust and estates case but it is very important as it involves 57.105 sanctions, which can appear in Florida probate litigation.
- The Fourth DCA is the appellate court that hears appeals from Broward County, Palm Beach County, and Martin County.
- This case involves home owners and a home owner’s association(HOA).
- The HOA sued the home owners because they failed to properly pressure clean their building.
- The home owners argued that they complied with what they were supposed to do
- The HOA said that, even though they did what they were supposed to do, there was still molded mildew and pressure cleaning didn’t work.
- The court, on its own action, awarded sanctions against the HOA under 57.105.
- Florida probate litigation firms West Palm Beach know that this statute permits a party, that is raising an issue without basis or fact in law, to be sanctioned.
- The sanction is usually in form of attorneys fees, awarded against a party for filing or maintaining a frivolous lawsuit or position.
- If you file a Florida probate lawsuit, or maintain any position that isn’t based on law or fact, the other side can send you a letter telling you to stop.
- If you don’t stop pursing the frivolous claim, a motion can be filed and the court can award attorney fees in the form of a sanction.
- Here, the trial judge did this on his own volition.
- The Fourth DCA reversed saying that summary judgement and sanctions under 57.105 were improper.
- Perhaps, this case should have been mediated, if it wasn’t, as mediation could have minimized attorneys fees and given everyone certainty and resolution.
- Click here to read the entire case, which will provide you with a better understanding of sanction in trust and estates litigation West Palm Beach.