LAW OFFICES OF SCOTT ALAN ORTH, P.A., SCOTT ALAN ORTH, AND ERIC SALVATORE GIUNTA
v.
IN RE: ESTATE OF MARIO QUINTERO
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In this fourth appeal of a probate dispute, the Third District Court of Appeal upheld the trial court's sanctions against attorneys for the law office and individuals for repeated attempts to probate a lost will after prior adverse rulings, finding no abuse of discretion in awarding attorney's fees under Florida Statute § 57.105 and the inequitable conduct doctrine.
The trial court did not abuse its discretion in awarding sanctions and attorney's fees under § 57.105, Florida Statutes, and the inequitable conduct doctrine where counsel did not act in good faith by re-litigating claims that had already been determined to be without merit.
[1] A trial court does not abuse its discretion in awarding attorney's fees under section 57.105(1), Florida Statutes, when counsel re-litigates claims previously determined…
[2] A trial court may award attorney's fees based on inequitable conduct.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Based on our review of the record, the trial court did not abuse its discretion.”
Establishes the standard of review and the court's conclusion that sanctions were proper
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Join FLexlaw to unlock all legal intelligenceThe appellants (Law Offices of Scott Alan Orth, P.A., Scott Alan Orth, and Eric Salvatore Giunta) had previously litigated claims regarding the Estate…
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PER CURIAM.
This probate dispute is before this Court for the fourth time. See Anderson v. Estate of Quintero, 374 So. 3d 67 (Fla. 3d DCA 2022); Anderson
v. Estate of Quintero, 388 So. 3d 938 (Fla. 3d DCA 2024); Anderson v. McGowen, Case No. 3D23-2165 (Fla. 3d DCA Dec. 7, 2023) (unpublished order denying writ of prohibition). We will not belabor the extensive history between these parties.
While the second appeal was pending before this Court, the trial court issued a detailed order sanctioning the Appellants for their continued attempts to probate the lost will. The sanctions were pursuant to section 57.105(1), Florida Statutes, the inequitable conduct doctrine set forth in Bitterman v. Bitterman, 714 So. 2d 356 (Fla. 1998), and the trial court’s protective order in which it reserved jurisdiction to award fees. The trial court awarded the amount of fees incurred from the date our opinion was issued in the first appeal.
Based on our review of the record, the trial court did not abuse its discretion. Cf. Sec. Pac. Credit Corp. v. Oasis Plaza Corp., 714 So. 2d 1039, 1040 (Fla. 3d DCA 1998) (holding award of section 57.105, Florida Statutes, fees warranted where counsel did not act in good faith by re-litigating claims that had already been determined to be without merit); Bay Fin. Sav. Bank, F.S.B. v. Hook, 648 So. 2d 305, 307 (Fla. 2d DCA 1995) (same).
Affirmed.
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Law Offs. of Scott Alan Orth, P.A. v. In re Est. of Mario Quintero, 374 So. 3d 67 (Fla. 3d DCA 2024)…of Mario Quintero. Before LINDSEY, MILLER and GOODEN, JJ. PER CURIAM. 2 This probate dispute is before this Court for the fourth time. See Anderson v. Estate of Quintero, 374 So. 3d 67 (Fla. 3d DCA 2022); Anderson v. Estate of Quintero, 388 So. 3d 938 (Fla. 3d DCA 2024); Anderson v. McGowen, Case No. 3D23-2165 (Fla. 3d DCA Dec. 7, 2023) (unpublished order denying writ of prohibition). We will not belabor the extensive history between these parties. While the second appeal was pending bef…1 / 2
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Authorities Cited
- Bitterman v. Anette Bitterman, 714 So. 2d 356 (Fla. 1998)
- BAY Fin. Sav. Bank v. Hook, 648 So. 2d 305 (Fla. 2d DCA 1995)
- Tamiko T. Glass v. Nelison Anderson, 714 So. 2d 1039 (Fla. 5th DCA 1998)
- Law Offs. of Scott Alan Orth, P.A. v. In re Est. of Mario Quintero, 374 So. 3d 67 (Fla. 3d DCA 2024)