Do you know what a default judgment is? Florida probate litigation runs on deadlines and failure to follow them could result in a judicial default. Want to understand what that means and how it changes Florida probate litigation? Check out this recent case out of Florida’s Fourth District Court of Appeal sitting in West Palm Beach.
What is a Judicial Default and Default Judgment
- Florida probate lawyers need to follow deadlines.
- For example, if the other side’s Florida estate attorney files a lawsuit, you have to answer that lawsuit.
- That requires that your Florida estate lawyer answer the lawsuit within 30 days.
- Alternatively, there could be an extension but your Florida will contest lawyer will have to ask for that.
- So what is a default?
- A default is entered when you fail to answer or otherwise meet your deadlines.
- There are two different things, an entry of default and a default judgment.
- Defaults are entered when you do not respond on time.
- What do they do?
- They cut off your right to later answer.
- Default judgment is the type of judgment you are going to get after a default is entered.
- Florida probate lawyers should never have to worry about default judgments because they should be paying attention to the lawsuit.
- Have you received a notice of default judgment in the mail?
- What can you do to turn that around?
- Check out this recent case to learn more about your options following a judicial default.
Findlay v. Bank of America
- This was an appeal from a foreclosure action.
- Believe it or not defaults in foreclosure are not uncommon in Florida.
- Chances are if you cannot afford your mortgage you are also not going to be able to hire a Florida trial lawyer to defend you in the lawsuit.
- So what does this have to do with estate litigation in Florida?
- Here the parties lawyer had made an appearance and answered some of the lawsuit.
- He still missed a deadline or two and as a result a default judgment was entered.
- Florida probate attorneys know that is error and that by making an appearance he was entitled to a hearing prior to the entry of a judgment.
- What other rights do the litigants have here?
Want to learn more?
Check out the entire case by clicking here.
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