Florida's Second District Court of Appeal, 811 E. Main St., Lakeland. Credit: Google Florida Court's Reversal of Attorney Fees Triggered by Client's Death
"If you find out your client has died, and you have upcoming deadlines on fees, you need to be proactive. You need to substitute the right party—the estate—and at the very least, inform the court that you need time to complete that process," said Ed Mullins, partner at Reed Smith.
November 04, 2024 at 05:50 PM
4 minute read
What You Need to Know
- The Second District Court of Appeal reversed the circuit court's award.
- The counsel's party died and he did not file a suggestion of death.
- The Second District of Appeal ruled that, 'there was no longer a proper party having entitlement to the award of attorney's fees before the court.'
Florida's Second District Court of Appeal reversed a trial court's award of attorney fees because, upon the death of a party, "there was no longer a proper party having entitlement to the award of attorney's fees before the court."
"When I first read it, I was a little perplexed as to why the court wasn't going to give this party their fees, but then I understood what happened," Jason Giller, a partner at Giller in Miami and an independent attorney fees expert, said about the rare ruling. "If a party passes away during litigation, a suggestion of death must be filed."
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