What is the Difference Between a Coercive Sanction and a Compensatory Sanction in West Palm Beach Probate Court?

Uncategorized • Dec 12, 2015

Florida probate litigation can be nerve wracking enough, but when the probate court starts issuing sanctionsthings can get much worse, much quicker. Do you know the difference between a coercive sanction and a compensatory sanction? The Fourth District Court of Appeal recently handed down an interesting opinion that should be noted by even the most experienced Florida trust lawyers.

Sanctions

There are a lot of different types of sanctions in West Palm Beach probate court.
Estate lawyers in Florida know that the majority of sanctions are compensatory in nature.
In other words they are meant to remedy harms caused by one side’s probate litigation attorney.
For example if one Florida probate lawyer sets a deposition and the other side does not show up that is expensive.
The court reporter was paid for, as was the conference room, for no good reason.
Florida estate lawyers know that this is one easy way to get sanctioned.
So what is a coercive sanction?
A coercive sanction is meant to coerce someone into doing something.
So if the Court tells you to hand over documents they may also tell you that there is a fine of $100 for every day you do not.
That is meant to coerce you into complying so it is a coercive sanction.
Can the Palm Beach probate court order a coercive sanction to make you pay a compensatory sanction?
That is what the Court asked in this recent appeal, check it out.

Huber v. Disaster Solution

This was an interesting apeal.
Probate attorneys Florida should pay special attention to what this case has to say about the Court’s authority to issue coercive sanctions.
In this case the one side refused to respect a confidentiality order regarding certain documents despite a Court order and as a result the Court issued a compensatory sanction.
Here is where it gets interesting for Florida estate attorneys interested in coercive sanctions.
The judge also included coercive sanctions that would kick in if the compensatory sanctions were not paid.
On appeal the Court could not find any authority for that type of use of sanctions and as a result the coercive sanction was not upheld.
Can you get out of your sanctions issued from the probate court in Palm Beach?

Want to learn more?

Check out the entire case by clicking here.

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