Are you going against an overly litigious opponent in West Palm Beach probate court? You may end up having to pay an attorney to fight some frivolous appeals. Want to keep expenses to a minimum? You may be able to motion the Court for fees. Learn from the mistakes of others and check out this new case out of the Third District Court of Appeals.
Attorney Fees
- Normally the rule is you need a statute or a contract to entitle you to attorney fees in West Palm Beach.
- In a contract you may want to look for a prevailing party or attorney’s fees clause.
- What statutes allow for attorney’s fees?
- One such statute applies to all cases do you know what it is?
- Courts do not look kindly on frivolous litigation!
- If the other side is alleging baseless claims and driving up the cost of litigation you need to push those costs back over to them.
- Do you know?
- Check out Fla. Stat. 57.105 for one thing.
- Also did you know that a Court can award fees as a sanction without a statute in Florida?
- It is part of their inherent authority according to the Florida Supreme Court!
- More importantly do you know how to motion for fees?
- There are rules and experienced Palm Beach probate litigators know how get the fees you deserve.
Garcia v. Collazo
- This was a case brought to the Court because of attorney’s fees for a baseless appeal.
- One side had appealed something without any grounds and the other side wanted paid for their trouble.
- The problem was they filed in the wrong court!
- You do not ask the District Court of Appeals for attorney fees that is something the circuit or trial court does.
- How much do you know about getting fees in West Palm Beach?
Want to learn more about getting the fees you deserve in a baseless West Palm Beach probate suit?
Check out the entire case by clicking here.