In the commercial litigation context F.S. § 57.105 is a powerful tool
Continue Reading 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?
Compensation Disputes
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
By Juan C. Antúnez on
4th DCA: Failure to plead claim for attorney’s fees = waiver of claim
By Juan C. Antúnez on
2d DCA: Does Civ Pro Rule 1.525 (Motions for Costs and Attorneys’ Fees) apply to trust proceedings?
By Juan C. Antúnez on
Donkersloot v. Donkersloot, — So.2d —-, 2008 WL 4647415 (Fla. 2d…
Continue Reading 2d DCA: Does Civ Pro Rule 1.525 (Motions for Costs and Attorneys’ Fees) apply to trust proceedings?
What’s it mean to have “rendered services to an estate” when seeking attorneys fees in probate litigation?
By Juan C. Antúnez on
Duncombe v. Adderly, — So.2d —-, 2008 WL 4489234 (Fla. 4th…
Continue Reading What’s it mean to have “rendered services to an estate” when seeking attorneys fees in probate litigation?
4th DCA: Spotty evidentiary record = reversal of trust beneficiary’s attorney’s fee award
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New legislation: Payment of trustee attorneys’ fees when defending breach of duty claims; trustees have new affirmative notice obligations
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Payment of trustee attorneys’ fees when defending breach-of-duty claims has been a…
2d DCA: What probate lawyers should know about fee disputes under Florida’s Wrongful Death Act
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4th DCA: Cost awards in probate litigation
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Nasser v. Nasser, — So.2d —-, 2008 WL 239073 (Fla. 4th…
Contingent fees in probate litigation: $42 million payday upheld on appeal
By Juan C. Antúnez on
The Florida Bar ethics rules governing contingent fee agreements are found in…
Continue Reading Contingent fees in probate litigation: $42 million payday upheld on appeal