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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