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Can I Be Held in Contempt for Not Following the Florida Probate Court Order?

Uncategorized Dec 30, 2015
post about Can I Be Held in Contempt for Not Following the Florida Probate Court Order?

Florida trust lawyers know that not all court orders are followed and that  not all litigants come to court in good faith. That being said not every aspect of Florida probate litigation can be enforced through contempt order(s).  Has your Florida probate attorney explained to you the role contempt orders play in enforcing the West Palm Beach probate judge’s orders?

What is Contempt of Court?

  • Outside of a few good scenes from My Cousin Vinny, you may not be terribly aware of what a contempt order actually is.
  • Estate lawyers in Florida know that willful violations of Court Orders can lead to contempt in certain circumstances.
  • You may be asking your Florida probate litigation attorney what happens if you are held in contempt.
  • The truth is it depends, worst case is a night or two in jail and at best you are paying a fine.
  • Florida estate lawyers do their best to avoid these types of issue for their clients.
  • That being said probate attorneys Florida know that clients do not always help themselves avoid contempt.
  • For example, check out this recent case out of the Fifth District Court of Appeal to learn more.

Lynch v. Lynch

  • This was an appeal from a dissolution of marriage (i.e. divorce) case.
  • Probate lawyers in Florida know that family law cases are some of the most common contempt cases but probate is probably not far behind.
  • Why?
  • Because like family law / divorce, probate involves family warfare that gets personal.
  • In this case the wife was upset about payments she had not received.
  • She then asked the trial court to issue a contempt order and they did.
  • There was one problem with that.
  • Florida case law is specific that you cannot use a contempt order to enforce marital dissolution financial matters that are commonly referred to as “equitable distribution.”
  • Whether or not you find that fair is another matter.
  • The point is, and estate lawyers in Florida know this, you have to use the remedies you are given to enforce court orders.

Want to learn more about contempt in West Palm Beach probate lawsuits?

Check out the entire case by clicking here.

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