Florida Probate Law – Getting Out of the 57.105 Fee Motion
Do you know how to get out of a 57.105 fee motion?
Getting out of the 57.105 motion. The secret that most people do not know about. Hello, my name if John Pankauski, I’m a trust and estate litigation attorney at Pankauski Hauser in West Palm Beach. The trial attorneys and appellate lawyers at our firm handle matters throughout the state of Florida. And you may be involved in a case with a 57.105 fee motion? Maybe a court has accessed a attorney fees as a sanction against you under this obscure law called 57.105. Do you know how to get out of it under certain circumstances? It’s a technical law. it’s a technical rule and sometimes lawyers don’t give you proper notice of it . Getting proper notice is a prerequisite to filing the motion and to seeking fees.
What you have to read is a Florida rule of Judaical administration. You need to read rule 2.516. This speaks to how documents are served, they are very technical. If someone E-Serves you or gives you notice of a 57.105 motion by email. There are very technical requirements that the rule calls for that other lawyers don’t comply with.
There are also two very interesting cases that support this in the 4th District Court of Appeal and one that is quite different in the 2nd District Court of Appeal in Florida. To learn more about how to defend a 57.105 motion for attorney fees and sanctions, speak to an experienced probate litigation firm.