Successful Representation of Client in Attorneys’ Fees Dispute Following Trust Litigation Matter

Jones Foster litigation shareholder Peter A. Sachs and litigation attorney Hanna B. Rubin successfully represented the son of a decedent against a motion seeking attorneys’ fees upwards of $104,000 in the U.S. District Court for the Southern District of Florida.

The dispute arose out of a lawsuit filed by the client pro se contesting an amendment to his late father’s revocable trust that included a $420,000 bequest to the decedent’s longtime girlfriend. Mr. Sachs was lead counsel in this case and brought extensive experience representing individuals in the prosecution and defense of complex trust and estate litigation matters.

Prior to the attorneys’ fees dispute, the client had filed a Motion for Voluntary Dismissal Without Prejudice in the lawsuit after determining that a discovery ruling would make his position considerably more difficult to establish. In dismissing the case, U.S. District Judge Robin Rosenberg ruled that “because the Plaintiff’s sole cause of action seeks a declaratory judgment, and because there is no basis in the law for an automatic entitlement to attorneys’ fees for the failure to prevail on such a claim, the Court can see no basis to impose the payment of attorneys’ fees as a precondition of dismissal.” As a result, Judge Rosenberg proposed the terms of dismissal be that if the client refiled this action, he “must pay all attorneys’ fees and costs incurred by Defendants in defending the instant action.” He accepted, and the case was dismissed without prejudice in October 2023. According to court documents, the defendants did not object to the Court’s proposal or move to reconsider it.

In January 2024, Jones Foster, on behalf of Plaintiff, filed a response in opposition to Defendant’s motion for attorneys’ fees, arguing in part that Defendant was not entitled to attorneys’ fees because the Court had already exercised its discretion to refrain from awarding fees in the dismissal order, ruling the Plaintiff would only be required to pay fees if he were to refile his claims. Defendant also had the opportunity to oppose the dismissal of the case but failed to do so. Additionally, Jones Foster refuted Defendant's arguments by explaining that her attorneys did not render services to the trust as contemplated by the statute under which Defendant sought fees.

Counsel also asserted line-by-line objections to over 200 time entries for which Defendant claimed she was entitled to attorneys’ fees, arguing that most entries were not compensable.

U.S. Magistrate Judge Bruce E. Reinhart entered a Report and Recommendation on the Motion for Attorneys’ Fees, recommending that it be denied on several grounds argued by Jones Foster.

Following objections by Defendant and a response to those objections by Jones Foster on behalf of Plaintiff, Judge Rosenberg adopted the Report and Recommendation in part and denied the motion for fees, relieving the client of any financial burden and ending the litigation. In the ruling, Judge Rosenberg upheld her previous decision that the parties would bear their own attorneys’ fees and costs, to which there was no direct objection. In addition, Judge Rosenberg held that Defendant’s claim for attorneys’ fees—which Defendant asserted should come out of the trust, a co-defendant in the original lawsuit—was an untimely crossclaim and that even if it were timely, the court would not exercise supplemental jurisdiction over it. Judge Rosenberg also adopted Judge Reinhart’s finding that the requested attorneys’ fees were “objectively unreasonable.”

About Peter A. Sachs

Jones Foster Shareholder Peter Sachs is a Florida Bar Board Certified Civil Trial and Business Litigation attorney and co-chair of the firm’s Trust & Estate Litigation practice group. He represents individuals and institutions in the prosecution and defense of complex trust and estate, guardianship, and commercial litigation matters and also advises trust companies and banks regarding fiduciary duties as personal representatives and trustees under Florida law. Mr. Sachs is a Fellow of the American College of Trial Lawyers (ACTL) and is certified by the National Board of Trial Advocacy.

About Hanna B. Rubin

Hanna Rubin, a member of Jones Foster's Complex Litigation & Dispute Resolution team, represents businesses, individuals, and municipalities in matters involving commercial litigation and governmental litigation. She is an active member of the Palm Beach County chapter of the Florida Association for Women Lawyers and the Palm Beach County chapter of the Federal Bar Association. Hanna graduated magna cum laude with a JD degree from the University of Florida Levin College of Law.