Bishop v. Estate of Rossi, — So.3d —- 2013 WL 132449 (Fla. 5th DCA January 11, 2013)
In Fla. Patient’s Comp. Fund v. Rowe, 472 So.2d 1145 (Fla.1985), the Florida Supreme Court adopted the federal “lodestar” …
4th DCA: Can filing a time-barred will contest get you (and your lawyer) sanctioned?
Shuck v. Smalls, — So.3d —-, 2012 WL 6027820 (Fla. 4th DCA December 05, 2012)
In civil litigation you usually have years to file your complaint: most statute of limitations periods fall within the 2-6 year range. Not surprisingly, …
4th DCA: Are “discharge clauses” in contingency fee agreements for probate litigation ethics violations that are per se unenforceable?
Guy Bennett Rubin, P.A. v. Guettler, — So.3d —-, 2011 WL 4577670 (Fla. 4th DCA Oct 05, 2011)
The Florida Bar ethics rules governing contingent fee agreements are found in Rule 4-1.5(f). Other than in divorce and criminal-defense …
4th DCA: When can a probate judge assess the winning side’s attorney’s fees against a litigant for bad faith, wrongdoing or frivolousness?
Levin v. Levin, — So.3d —-, 2011 WL 3477032 (Fla. 4th DCA Aug 10, 2011)
In both F.S. § 733.106(4) and F.S. § 733.6175(2), a probate judge is given the express statutory authority to determine from whose share …
3d DCA: Attorney’s fee order without supporting detailed findings is per se wrong and subject to reversal
Johnson v. Amritt, — So.3d —-, 2010 WL 4861745 (Fla. 3d DCA Dec 01, 2010)
In contested trust and estate proceedings the fiduciary in charge of the estate (i.e., the trustee, personal representative or guardian) hires the lawyer, but …
1st DCA: Does Rule 1.525’s 30-day deadline for attorney’s fee motions apply to contested guardianship proceedings?
Price v. Austin, — So.3d —-, 2010 WL 3120212 (Fla. 1st DCA Aug 10, 2010)
Over the last few years probate lawyers have been scratching their heads wondering if, when and how Civ. Pro. Rule 1.525, the rule …
Who’s Charging What for Trust Services?
If you’re an estate planner, it’s not unusual to get asked if the fees being proposed by trust company "X" are reasonable. We usually have a sense of what the going rate is in our market, but it’s mostly a …
“No fee for you!” Out-of-state lawyer forfeits million-dollar payday in trust litigation
Morrison v. West, — So.3d —-, 2010 WL 532792 (Fla. 4th DCA Feb 17, 2010)
The linked-to opinion above is the last gasp of bitter litigation swirling around the $100 million estate of Palm Beach socialite Pedro Morrison, who died …
4th DCA: How far can you cut attorney fees before it’s an abuse of discretion?
Glantz and Glantz, P.A. v. Chinchilla, — So.3d —-, 2009 WL 1531644 (Fla. 4th DCA June 3, 2009)
An appellate court won’t reverse a probate judge’s ruling cutting attorneys fees unless there’s been an "abuse of discretion." In other …
4th DCA: When can a probate judge shift the winning side’s attorney’s fees against one of the estate’s beneficiaries for wrongful conduct, bad faith, or frivolousness?
Geary v. Butzel Long, P.C., — So.3d —-, 2009 WL 1606034 (Fla. 4th DCA Jun 10, 2009)
In the commercial litigation context F.S. § 57.105 is a powerful tool for curbing abusive litigation tactics: if you engage in bad …