Are There Motions for Reconsideration in West Palm Beach Probate Court?

Are you currently serving as the personal representative in  West Palm Beach? The probate judgemay issue orders you disagree with. That is part of life as a personal representative. What are your rights as far as refusing them? A recent case out of Florida shows the predicament you could be in if you knowingly and willfully disobey a court order in West Palm Beach. Learn how to avoid contempt charges through proper motion practice. 

What is Contempt of Court?

• Contempt of Court is something you hear about a lot in movies and bad sitcoms.
• In reality contempt of court is what happens when you fail to follow a court order and you willfully disobey.
• There are a lot of court orders in a complicated probate lawsuit and you may have issues with some of them.
• Are there any options besides lining up for contempt proceedings?

Motions for Reconsideration

• Before you just ignore what the judge ordered, consider filing a Motion for Reconsideration.
• This is allowed within a reasonable time after almost any ruling from a Palm Beach probate court.
• How is this different than an appeal?
• An appeal takes the issue to a new court a long with new judges and new filing fees.
• Reconsideration is you just asking the judge to review his Order.
• No new filing costs needed, although the review will be by the same judge.
• Check out this recent case out of Florida’s Second District Court of Appeal to learn firsthand what happens when you ignore an express Court Order.

Santiago v. Sunset Cove

• This was a lawsuit that arose over a real estate transaction.
• The one side had gotten a specific order from a judge saying that the property was to be sold to them.
• The owner of the property simply waited until the 90 day contract period ended and sold the property to a third party.
• Guess what happened?
• Contempt charges and sanctions!
• On appeal the man argued that since he had not willfully disobeyed, and merely side stepped the order, contempt charges were improper.
• Do you think the appeals court saw much merit in that argument?
• Considering that the trial court had disagreed with him, the argument was not going to go to far in the appeals court.
• Especially after he lost his motion for reconsideration!

Want to learn more about filing a motion for reconsideration in lieu of a full out appeal?

Check out the entire case by clicking here.

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