{"id":2228,"date":"2011-06-22T09:16:20","date_gmt":"2011-06-22T09:16:20","guid":{"rendered":"https:\/\/bresky-merger.local.com\/posts\/entitlement-to-attorneys-fees-in-probate-matter-resolved-win-at-the-supreme-court\/"},"modified":"2011-06-22T09:16:20","modified_gmt":"2011-06-22T09:16:20","slug":"entitlement-to-attorneys-fees-in-probate-matter-resolved-win-at-the-supreme-court","status":"publish","type":"post","link":"https:\/\/ssrga.com\/appellate\/entitlement-to-attorneys-fees-in-probate-matter-resolved-win-at-the-supreme-court\/","title":{"rendered":"Entitlement to Attorney\u2019s Fees in Probate Matter Resolved \u2013 Win at the Supreme Court:"},"content":{"rendered":"<p><strong><em>Carlin v. Javorek<\/em><\/strong><\/p>\n<p>The issue was whether the Supreme Court should exercise its discretionary jurisdiction to review of the Fourth District Court of Appeal\u2019s reversal of a trial court\u2019s order denying an award of attorney\u2019s fees to our client.<\/p>\n<p>The Fourth District Court of Appeal recently reversed a trial court decision holding that our client was not entitled to attorney\u2019s fees despite finding that the opposing party was in breach of the parties\u2019 settlement agreement. The trial court found that the opposing party breached the settlement agreement by failing to produce the required medical forms and failing to execute a medical release. However, the trial court held that the breach was not material and denied both parties\u2019 requests for attorney\u2019s fees. The Fourth District Court of Appeal reviewed the issue <em>de novo<\/em> and held that the trial court did not err in denying the opposing party\u2019s request for attorney\u2019s fees, but erred in finding that the opposing party\u2019s breach was immaterial and in denying our client\u2019s request for reasonable attorney\u2019s fees pursuant to the parties\u2019 settlement agreement. The Fourth District Court of Appeal found that the opposing party materially breached the settlement agreement and that the settlement agreement\u2019s clear and unambiguous terms mandated an award of attorney\u2019s fees to our client as the prevailing party. The opposing party petitioned the Supreme Court for discretionary review claiming that the Fourth District Court of Appeal\u2019s decision expressly and directly conflicted with other district court and Supreme Court decisions. Our law firm continued representation of our client in the Supreme Court. Jurisdictional briefs were filed by both parties.<\/p>\n<p>In agreement with the arguments in our jurisdictional brief, the Supreme Court declined to exercise its discretionary jurisdiction, denied opposing party\u2019s petition for review, and awarded additional attorney\u2019s fees to our client.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Carlin v. Javorek The issue was whether the Supreme Court should exercise its discretionary jurisdiction to review of the Fourth District Court of Appeal\u2019s reversal of a trial court\u2019s order denying an award of attorney\u2019s fees to our client. The Fourth District Court of Appeal recently reversed a trial court decision holding that our client&#8230;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1811,1812,1807,1813],"tags":[2083,2073,2084,2085,1901,2086,1882,2087,1876,2088,2089,1916,2090,1903,2091,1904,2022,1912],"class_list":["post-2228","post","type-post","status-publish","format-standard","hentry","category-4th-dca-rulings","category-attorneys-fees","category-bresky-appellate-cases","category-probate","tag-arguments","tag-attorneys-fees","tag-breached","tag-client","tag-de-novo","tag-entitlement-to-attorneys-fees","tag-fourth-district-court-of-appeals","tag-jurisdiction","tag-jurisdictional-briefs","tag-medical-forms","tag-medical-release","tag-opposing-party","tag-petitioned","tag-probate","tag-reversal","tag-settlement-agreement","tag-supreme-court","tag-trial-court"],"acf":[],"_links":{"self":[{"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/posts\/2228","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/comments?post=2228"}],"version-history":[{"count":0,"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/posts\/2228\/revisions"}],"wp:attachment":[{"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/media?parent=2228"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/categories?post=2228"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/tags?post=2228"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}