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 …
5th DCA: It’s official, probate litigators now have something new to worry about: the 30-day deadline applicable to motions for attorney-fees under Civ. Pro. Rule 1.525
Hays v. Lawrence, — So.2d —-, 2009 WL 211048 (Fla. 5th DCA Jan 30, 2009)
The probate bar has been mulling over the question of if, when and how Civ. Pro. Rule 1.525, the rule setting a 30-day post-judgment deadline for filing fee …
4th DCA: Failure to plead claim for attorney’s fees = waiver of claim
Wintter & Associates, P.A. v. Kanowsky, — So.2d —-, 2008 WL 4643358 (Fla. 4th DCA Oct 22, 2008)
If all you’re asking a probate court to do is exercise its in rem jurisdiction over the assets of a trust …
2d DCA: Does Civ Pro Rule 1.525 (Motions for Costs and Attorneys’ Fees) apply to trust proceedings?
Donkersloot v. Donkersloot, — So.2d —-, 2008 WL 4647415 (Fla. 2d DCA Oct 22, 2008)
Civil Procedure Rule 1.525 governs the mechanics of attorney’s fee motions in general commercial litigation. Here’s what the rule says:
…Any party seeking a
What’s it mean to have “rendered services to an estate” when seeking attorneys fees in probate litigation?
Duncombe v. Adderly, — So.2d —-, 2008 WL 4489234 (Fla. 4th DCA Oct 08, 2008)
If a beneficiary of an estate wants to get his attorney’s fees paid with assets of the estate, the statute he’ll have to hang …
4th DCA: Spotty evidentiary record = reversal of trust beneficiary’s attorney’s fee award
Demello ex rel. Jerome Adams Trust, Irene V. Adams Trust v. Buckman, — So.2d —-, 2008 WL 2906652 (Fla. 4th DCA Jul 30, 2008)
In the linked-to case the beneficiary of a trust successfully sued her trustee for breach of …
New legislation: Payment of trustee attorneys’ fees when defending breach of duty claims; trustees have new affirmative notice obligations
Payment of trustee attorneys’ fees when defending breach-of-duty claims has been a hot topic over the last few years due to appellate decisions out of the 3rd and 4th DCA’s that were decidedly non-trustee friendly [click here, here]. …
2d DCA: What probate lawyers should know about fee disputes under Florida’s Wrongful Death Act
Wagner, Vaughn, McLaughlin & Brennan, P.A. v. Kennedy Law Group, — So.2d —-, 2008 WL 2668801 (Fla. 2d DCA Jul 09, 2008)
Ever wonder why your friendly neighborhood plaintiff’s lawyer gets a bit tense when he hires you to …
4th DCA: Cost awards in probate litigation
Nasser v. Nasser, — So.2d —-, 2008 WL 239073 (Fla. 4th DCA Jan 30, 2008)
Fees and costs. Attorneys say those words all the time, and we can all agree on what we mean by the word "fees," even when …
Contingent fees in probate litigation: $42 million payday upheld on appeal
The Florida Bar ethics rules governing contingent fee agreements are found in Rule 4-1.5(f). Other than in divorce and criminal-defense cases [Rule 4-1.5(f)(3)], contingent fees are acceptable in any form of litigation, including contested probate proceedings. Another point to …