If you are proceeding pro-se in a probate or trust lawsuit in West Palm Beach listen up. Often times the judges are going to have you draft the orders that they will have to sign. Do you know how to draft an order for the probate judge in West Palm Beach? Although these documents may be short they are still not as simple as you think and may alter your rights to appeal. See why in this recent appeal from the Third District Court of Appeal.
The Non-Final Order Rule
- Do you know what the non-final order rule is?
- You cannot just appeal any order in West Palm Beach.
- It has to be a final order (i.e. what that produces a judgment / closes a case) or one of the enumerated exceptions.
- What are the exceptions?
- Some exceptions include those that deal with someone’s right to property, those dealing with injunctions and personal jurisdiction.
- When you are drafting the order for the West Palm Beach probate judge keep in mind these rules.
- You may be making something appealable or un-appealable simply by the words you are writing!
- Did you know you could have lost your right to appeal because of how you write the order?
- Check out this recent case out of the Third District Court of Appeal to learn more.
Markwood Investments Ltd. v. Latam Investments, LLC
- This was an appeal based on a complicated transaction.
- The problem on appeal was actually based on the poor wording of the order.
- The order appeared to be non-final while at the same time stating facts that would make it final.
- This confuses everyone, even the lawyers and judges!
- The appeals court did not take kindly to these poorly worded orders, even going as far as to semi-insult the trial judge!
- “Many things in law are difficult. Writing a clear and unambiguous order of dismissal is not one of them.”
- If you are stuck drafting the order and you are not an experienced Palm Beach probate attorney you may want to consult the experts.
- Failure to draft that order properly could spell disaster on appeal.
Want to learn more about drafting the proper order for probate court?
Check out the entire case by clicking here.