So, probate litigation law firms need to know not just the Florida Probate Rules,  but also Florida Chapter 90, the rules of evidence.  A November 4, 2015 Florida 4th DCA case explains what hearsay is and who you can get bank records into evidence in a Florida lawsuit. While this is not a probate case, Florida estate lawyers should take note of this case. Why?  Because there is a lot of work by probate litigation lawyers West Palm Beach over bank accounts and financial accounts which require bank statements, financial accounts statements, and other financial records to be produced and introduced to prove your probate case.

Personal jurisdiction is an important factor in most probate litigation cases. After all, if you are trying to resolve a will contest or a claim to a POD bank account or creditor’s claim, estate lawyers in Florida need to comply with due process.  Getting everyone in front of the Palm Beach probate judge is perhaps thefirst important hurdle.  And it’s not always as easy as you think.   Now, remember that the Florida estate laws changed over the last year or so, where many more legal “actors” can now be subject to the jurisdiction of a Florida court, including a probate court, by virute of their work with a decedent, a trust, or the creator or trustee of a Florida trust such as a revocable trust.   A November 4, 2015 4th DCA case deals with non residents and personal jurisdiction:http://www.4dca.org/opinions/Nov.%202015/11-4-15/4D15-107.op.pdf

Here is a 2nd DCA case for any commercial litigator Florida to read.  Why? This November 4, 2015 4th DCA appeal deals with a restrictive covenant and a Florida non competition agreement.  This case is Florida Digestive Health Specialists LLP v. Colina, 40 Fla. L. Weekly D 2482: http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2015/November/November%2004,%202015/2D14-4561rh.pdf.  Do you know what you need to prove to get a temporary restaining order if someone is violating your contract, coventant not to compete, restrictive covenant, or non competition agreement?  If you are a doctor, medical group, or are a business lawyer Florida or corporate counsel which aids and advises boards of directors for Florida corporations, you need to read this appeals court opinion.

Most people ask how long you can keep an estate opened in Florida. And some probate lawyers Florida get asked whether you can re open an estate after it was closed.  Well consider reading this Florida 3rd DCA probate appeal opinion on whether you can open an estate years after death.  The case is Mathis v. Estate of Mathis, 40 Fla. L. Weekly D 2490:http://www.3dca.flcourts.org/Opinions/3D14-2332.pdf

Every probate lawyer Florida knows that you need to prove each & every element of every count or cause of actionwhich you file as a plaintiff in your probate lawsuit Palm Beach.  If you don’t prove any part of each count to your complaint at trial, that count will fail.  Your estate lawyers, if they handletrials & probate appeals, know that in Florida, you also have to prove damages.   Damagesis usually the last element to any estate cause of action, or any lawsuit for, say, tortuous interference with an expectancy, or any conversion lawsuit over a bank account or IRA. If you win your estate lawsuit Florida, then your probate litigation law firm should also see if they can get pre-judgment interest.   Here is a November 9, 2015 1st DCA case which speaks about the tort of conversion and prejudgment interest on Florida judgments.  You can read the case at 40 Fla. L. Weekly D 2527 or you can click on this link to read the entire appellate opinion for free:https://edca.1dca.org/DCADocs/2015/0302/150302_1286_11202015_041801_i.pdf Note that this case is not a probate case.  It is a recent contract lawsuit Florida, which is often handled by commercial litigation law firms Florida.  But understand that the tort or civil wrong ofconversion, and applicable case law on getting interest in your Florida lawsuit, applies in probate and commercial litigation lawsuits Florida.

When is a lawsuit subject to dismissal for a sham pleading? And do probate litigation law firms West Palm Beach need to know the difference between a frivolous lawsuit and one that is based upon a sham pleading?   If you are involved in defending an estate or a Florida trust, consider this recent Palm Beach appeals case on sham pleadings and malicious prosecution claims in Florida.   While it is not revealed if this was a probate lawsuit in Florida or not, estate lawyers in Florida should know about sham pleadings, and what you can do to defend against them.  Likewise, why is important to understand what malicious prosecution is?   And how you can defend it?  Probate lawyers Florida should consider the following:

When Florida probate litigation law firms don’t follow the Florida Rules of Civil Procedure, bad legal things can happen.  When clients don’t follow a judge’s order, REALLY bad things can happen.  Here is a recent contempt case from Florida’s 2nd District Court of Appeal.  It is not a Palm Beach probate case. Rather, it is a real estate holding company case involving allegations of fraud and investment losses, what commercial litigation lawyers in Florida often refer to as ‘commercial litigation’ or contract or corporate litigation.  Here is the opinion in the case of Menke v. Wendell, 40 Fla. L. Weekly D 2515, issued November 6, 2015:http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2015/November/November%2006,%202015/2D15-2144.pdf

Florida probate litigation usually belongs in the Florida probate courts,  that only makes sense. But what about Federal Court? Can you file a probate lawsuit in Federal Court instead of in West Palm Beach? The truth is it is very rare for a Florida estate lawyer to file in Federal Court but it is possible. Learn why by reading this recent case out of Kansas’ Federal District Court!

Got an unfavorable judgment in Florida probate court? You may be  entitled to a motion for rehearing but the rules when it comes to Florida probate litigation are tough to say the least. Do you know the rules? Talk to a Florida trust lawyer or your local probate litigator to learn if you are entitled to a rehearing. 

Are you going to trial for a West Palm Beach will contest?  Florida probate litigation can get intense once trial comes along and the other side may make a fatal mistake – failing to prove the entire case. You may be able to end the case right there without a defense, do you know how? Check out this recent case out of the Fifth District Court of Appeal to learn more.