Search Results: sanctions

To appeal an order from a Florida trial court awarding attorneys fees as a sanction, you need to wait til the end of the Florida lawsuit. Most Palm Beach probate litigators know that attorneys fees is an important part of estate lawsuits.  Sometimes, the attorneys fees in a probate lawsuit can approach the amount in controversy.  Probate litigation is expensive in Florida.  I’ve referred to probate attorneys fees or trust litigation attorneys fees as the “X” factor in Palm Beach probate litigation. 

Florida attorneys have a duty of candor to the court.  We are required to tell the truth, and to reveal facts which we believe the court may want to know.  This is an important part of our obligation as Florida attorneys to judges, to our opposing parties and their counsel, and to our judicial process. When an attorney mis-states facts, that attorney, and that attorney’s client, may be subject to sanctions by the court.   A recent case where an order from a trial court was mis-stated to an appellate court, and where sanctions were imposed, was before Florida’s 3rd District Court of Appeals.  The opinion was handed down on September 11, 2013.

Courts of law are NOT meant for fake claims or defenses. Someone filing a frivolous matter or claim may be sanctioned. They could be ordered to pay attorneys fees and costs under Florida Law 57.105. This law provides for fees if someone makes a claim that is not based upon the law and facts. A recent opinion tells you all you need to know. The Basics To read more about this attorney fee and sanctions topic, click HERE. 57.105 is a statute which provides for attorneys fees and costs under limited circumstances The purpose of that law was to diminish or discourage frivolous filings When is something frivolous? This statute provides for the award of fees and costs if a claim or defense is NOT supported by the law or the facts. This law SANCTIONS such conduct. The sanction is in the form of awarding the prevailing party attorneys fees. But be cautious. When awarding fees as a sanction, an expert must give testimony. See the August 5, 2022 case of Mitchell v. Flatt. Recent Case On August 3, 2022, Florida’s 4th District Court of Appeal issued its opinion in the case of Cadavid v. Saporta. This case dealt with injunctions and claims of a violation of a restraining order. It required the trial judge to carefully weigh the conflicting testimony of both parties. This opinion gives you, the reader, just about all you need to know about Florida Law 57.105. And, remember: failure to timely appeal a sanction order […]

Lots of family members involved in a trust or will contest complain that what the other side is doing is baseless. A weird Florida statute gives you the chance to recover some of your attorneys fees as damages. To see how you may be able to get damages (in the form of attorneys fees) against your opponent (or their lawyer), read about Florida 57.105. Florida Statute 57.105– background So, we know that Florida law is generally made up of two things: statutes and caselaw. The legislature creates the laws which the governor signs. Our judges tell us what those statutes mean and how they operate. So, why would you refer to this law as “weird?”. Well, first of all, Florida 57.105 is one of those statutes that seems to create more litigation than it was intended to diminish. Second, it is often mis-understood and incorrectly applied. By the lawyers ! In fact, ask an experienced will or trust litigation lawyer. They will tell you that there are a lot of probate lawyers who say they go to court, but actually don’t try cases. And they often don’t completely understand this statute and when it is appropriate. Here is “everything” you may want to know about Florida 57.105 and even a recent case from the 3rd District Court of Appeal on this subject. 57.105 in easy-2-read, plain-English 57.105 is a Florida statute It provides that sanctions may be awarded against a party in a lawsuit for having a baseless, or frivolous […]

An August, 2021 appellate opinion tells you all about Florida fraud on the court. What do you need to know to prove your case? We have previously provided Florida legal commentary about probate fraud. For a free video on CIVIL THEFT, click HERE. Understanding This Legal Concept — lying and motions What is Florida fraud on the court? Well, let’s start with fraud. What is fraud in Florida? Think of fraud as a lie. A really bad mis-representation. Meant to deceive. In come contexts, like fiduciaries — like trustees— fraud can be constructive fraud. That’s when one has a duty to disclose or provide information, but they don’t. In Florida, there are many types of frauds and many rules. Fraud on the court, however, is a different type of fraud. If you believe that someone has lied to the court, to the judge, or to you, consider filing a proper motion. A motion has to have the specific lies or frauds and must list why the other side is lying. And what the court should do because of those lies. What do you need to know? Fraud on the Court in Florida On August 18, 2021, the 3rd District Court of Appeal released its opinion. Chess v. Sweeney This case dealt with Florida Fraud on the Court. For those who have been lied to in court, you may want to read this case. You may also want to file a motion and alert the judge to this. Below is a […]

What is an adult guardianship? What are the duties of a guardian in Florida? Does a guardian have to file annual accountings with the Florida guardianship court? What happens if a guardian fails to provide a timely annual report? Florida Adult Guardianships At Pankauski Lazarus, we handle many guardianship cases throughout Florida. When we refer to “guardianships”, we are talking about guardianships over adults, not minors. Commonly, children of the elderly file a guardianship to protect their mom or dad who is suffering from dementia or Alzheimer’s. Furthermore, certain disabled or injured adults may benefit from a guardianship if they are incompetent and unable to take care of themselves. Florida guardianship courts take guardianship proceedings very seriously because these proceedings can result in a ward’s rights being taken away. The “ward” is the person subject to the guardianship who has been determined to be incompetent or incapacitated. It is important to remember that, even if somebody is deemed incapacitated by a probate court judge in Florida, the court may not appoint a guardian if there’s a lesser restrictive alternative that adequately addresses the incapacitated person’s needs. For example, a power of attorney and a revocable trust may prove to be sufficient. West Palm Beach guardianship lawyers know that guardianship law is governed by Chapter 744 of the Florida Statutes. If you are involved in guardianship litigation in Palm Beach or anywhere in Florida, you should refer to this chapter. You should also consider interviewing an experienced guardianship lawyer who can answer your […]

Discovery abuses in Florida lawsuits and sanctions. Think you can’t play by the rules? Think again. Florida lawsuits are serious things and you have to play by the rules. Part of those rules includes the discovery process. Part of those rules includes the ability to file a motion to inspect things, or walk on land. If there is an order that says somebody can walk on land or inspect certain things, you need to exhibit a good faith cooperation with the other side to let them accomplish that. If you don’t, you could be exhibiting bad faith and you can be sanctioned for that. That’s the Perlmutter case, February 20, 2019 issued by the Fourth District Court of Appeal. In that case, the appellate court, this was not a probate matter, reviewed and upheld what they called the ultimate sanction. And in the ultimate sanction case what happened was they dismissed the parties’ lawsuit in its entirety. That’s the ultimate sanction that a Florida court can give, or grant, or punish somebody with. So, discovery rules are important, be careful. The ultimate sanction of dismissing someone’s lawsuit should rarely be granted by a court. And judges know that. But when a party is not cooperating, refusing to comply with court orders, or refusing to listen to commands from a judge, the ultimate sanction may be appropriate.

What is contempt of the court? If you ignore a probate judge’s court order, can you be held in contempt of the court? What happens if you are held in contempt of the court? Has your Florida probate attorney explained to you the role contempt orders play in enforcing the West Palm Beach probate judge’s orders?

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.

Guardianship litigation is important stuff ! One of the hot topics is marriage or divorce of a person who may have been alleged to be incapacitated. Can you get a divorce if there is a guardianship action?  Can you get married if you are incapacitated? If you are incapacitated, can a marriage that was just performed be annulled or declared void ab initio? These are some of the marriage issues which Palm Beach guardianship lawyers may face from time to time.