5th DCA Appeals Case Revives Father’s Case

Has your Palm Beach probate case been dismissed on the merits   pursuant to Fla. Stat. 57.085? Did you know that you can appeal such dismissals when they are made with prejudice? One pro-se litigant learned that an appeal can pay off big, take a look at how on appeal he was able to get back three of his causes of action, thrown out by the trial court.

Appealable Final Orders

• In order to appeal an action normally it has to be a final order.
• Some exceptions do exist for example you can appeal an order based on an injunctionimmediately.
• When your case is dismissed is it appealable?
• The answer may surprise you because it depends.
• An order that your case be dismissed without prejudice cannot be appealed because you can amend your complaint or other pleadings.
• On the other hand if it is with prejudice this is likely a final order.
• Are you prepared to appeal?
• Has your experienced Palm Beach probate lawyer discussed the options and considerations with you?
• What considerations will you have to make?
• How much is it going to cost?
• Do you know your odds of success?
• How long will this take, is there enough at stake to make it worth your time?
• One litigant who had all the time in the world (he was in prison) found relief through an appeal, even when the court admitted it seemed unlikely he would ever win.

Chartrand v. Parsons: Guardianship Appeal in Fifth District Court of Appeal

• The plaintiff in a lower case appealed a final order (remember you have to have a final order or an exception to appeal) that dismissed all 9 counts of his complaint with prejudice (that is what made it final).
• The Court acknowledged that even under the best circumstances the plaintiff would have a difficult time meeting his burden of proof at trial.
• The Court noted however that these are not proper grounds to dismiss.
• Do you feel your case was dismissed because it was a long shot?
• Experienced Palm Beach probate litigators know that just because a case is a long shot does not mean a court can knock if off the calendar.
• Cases like Brown v. Board of Education were long shots that changed this country.
• Don’t let a judge decide if your case is “worthy” for their courtroom, have them decide the merits of your claim.
• Better yet, get a jury to decide.

Want to learn more?

Check out the entire case by clicking here.