If you are involved in a Palm Beach damage lawsuit, you may want to read the February 12, 2014 opinion of West Palm Beach’s appellate court, the 4th District Court of Appeal. This was a real estate or slander of title case which was “a mess” at the trial level (judge’s words, not mine) and which was reversed on appeal. And don’t forget the interest calculation when you are adding up damages and quantifying the amount owed if you win your Palm Beach lawsuit.
Proving Damages at Trial
- You have to prove damages at a Palm Beach trial
- Although this recent case was not a probate case, it’s a great reminder and it’s something to learn for non trial lawyers
- Damages require EVIDENCE — you can’t just get up in court as a lawyer are provide oral argument on what the damages should be (“Oral argument is not evidence” in Palm Beach probates)
- Sometimes Palm Beach probate litigators will use experts to give an opinion at the trial
- You can’t make the Palm Beach probate court “guess” about what damages should be or may be
Can I Recover Interest on My Damages?
- Don’t forget to calculate the interest which is set by the State of Florida on Florida judgments
- In Palm Beach estate litigation, the interest calculation on a big estate or Palm Beach trust or damage case can be significant
- If your lawsuit also alleges and proves damages over a number of years, those multi-year damage calculations means that the interest can be significant
- In this recent Ft. Lauderdale case, the damage award was not supported by competent substantial evidence (This is the same standard that appeals courts will use on probate cases and trust cases in Palm Beach).
Damages at a Palm Beach Trial
- Damages must be supported by competent substantial evidence
- At your Palm Beach trial, keep it clear, simple and straightforward
- If your damage model is complex, you should have a plan — like a straight talking, no nonsense, easty to understand expert — who can explain it
- Consider having more than one damage scenario for the Palm Beach probate judge. Since you don’t know what the judge will find or how she or he will rule, you should have options.
Q: Want to read the entire legal opinion from the Palm Beach appeals court?
A: Here’s the link: http://4dca.org/opinions/Feb%202014/02-12-14/4D12-4326.op.pdf