Are you engaged in a West Palm Beach will contest? Has the court dismissed your case because you failed to follow an order? You may be able to appeal. Take a look at what the Third District Court of Appeal had to say about a party’s right to appeal a dismissal for failure to follow trial orders.
Dismissal: With Prejudice
- When a court dismisses a case they can do so in two ways, with or without prejudice.
- If a case is dismissed with prejudice that means you have to file an entirely new case which costs a few hundred dollars.
- Also, what happens if you are already past the statute of limitations?
- Judges are permitted to dismiss a case not only on its merits but also as a sanction against a party that refuses to follow the court’s directions.
- Should the court have such a power?
- Palm Beach probate litigators know, through experience, that often courts cannot function without parties cooperating and listening.
- But is dismissal really ever a fair sanction?
- This recent Third District Court of Appeals case shows that although an available sanction, such actions must be used sparingly.
Federal National Mortgage Association v. Wild
- FNMA appealed an order that dismissed their foreclosure suit for non-compliance with an order setting trial. FNMA asked for a rehearing of that order which was also denied. The appellate court reversed the dismissal noting that there were requirements pursuant to case law before such a sanction can be evoked.
- The record showed compliance in various areas and the chronology of the docket and pleadings (things filed in court) showed an effort on the part of the plaintiff to bring about a settlement of the case and to cooperate with the court. They even waited for the defendants to give them a date for potential mediations before scheduling!
- In short the court said that you couldn’t dismiss a big bank just because you do not like their tactics.
- Palm Beach probate litigators know that sometimes in the heat of the action a judge can issue an overly harsh sanction.
- Do you have an attorney that is prepared to appeal if that is the case?
- Do you know what it takes to win a probate appeal?
Want to learn more? Check out the entire case by clicking here.