Florida probate litigation can get heated, and given the parties involved it often gets personal. Florida probate lawyers know that the Court has little tolerance for shenanigans. If your estate litigation Florida is being stalled by the antics of a Defendant, you may want to read this recent case out of the Fourth District Court of Appeal.
Delays and “Procedural Machinations”
- Probate attorneys Florida know what a procedural machination is, do you?
- This is when the other side abuses the probate or court process to drag out the process longer.
- Why would anyone hire an estate attorney Florida to do that?
- Maybe because they do not want to go to trial with you in Florida probate court.
- Florida estate attorneys know that probate judges can see right through these ploys if you point them out.
- Do you know what types of motions can be used to do that?
- Talk to a Florida will contest lawyer to see if the other side is purposefully delaying the matter.
- Florida estate lawyers know this could cost the delaying party big time once trial is actually moving forward.
- Check out this recent case out of the Fourth DCA to learn more about what one West Palm Beach court had to say about these types of bad faith litigation tactics.
Onewest Bank v. Alessio
- This was a pretty basic foreclosure lawsuit from Palm Beach, Florida.
- The problem was the way the bank was handling the case.
- The defendant in this case wanted to depose one bank employee and the bank seemed to almost purposefully hide the employee.
- Also they keep amending their witness list.
- First it had one person, then eleven, then twenty seven.
- Not only that each list omitted or included different employees.
- Experienced Florida probate litigators know that sometimes parties and witness lists change from time to time.
- But not like that.
- The appeals court noted that this appeared to be a ploy to drag things out.
- What do you think?
- Should the bank lose its right to foreclose because of their lawyers tactics?
- Before you make up your mind, read the case.
- How would you feel as the homeowner there trying to defend your home?
- What if this was a case to prevent elder abuse or testamentary fraud?
- Now what?
Before you make up your mind, check out the entire case.
For a free copy, straight from Court, click here.
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