If you disagree with what a Broward County or Palm Beach County court, or judge, is doing, or not doing, what can you do? Well most Broward County probate litigators know that you can go to the appeals court with a writ of mandamus request. If you believe that a probate court in Ft. Lauderdale or Delray Beach is not doing something which you need them to do, do you consider a writ of mandamus? What if you NEED the probate court in Palm Beach or Palm Beach Gardens to stop doing something? Should you go to the 4th District Court of Appeal and request a writ of mandamus?
Can you compel the court to act or refrain from acting under Florida law?
- A recent, June 17, 2015 West Palm Beach appeals case dealt with the issue of what to do if you believe that a Florida judge is not doing something you want.
- This recent case was before Florida’s 4th District Court of Appeal which is on Palm Beach Lakes Boulevard in West Palm Beach, Florida.
- Florida’s 4th DCA hears appeals for such matters as Delray Beach probates, West Palm Beach guardianships, as well as matters from Ft. Lauderdale, Indian River County and Martin County
- In this recent case a law firm sought a writ of mandamus under Florida law against or directed to the chief judge of the Broward County circuit (the 17th Judicial Circuit of Florida)
What do probate lawyers Palm Beach need to know about a Florida writ of mandamus?
- This recent case was not a probate litigation Florida case
- A law firm wanted public records and also emails under Florida Rules of Judicial Administration 2.420.
- There was a disagreement about what emails were produced and how emails were searched for
- What if a judge won’t give you what you want? And you can’t get emails?
- How do you get emails in a Palm Beach estate lawsuit?
- Well, you can generally appeal discovery orders at the end of trial…
- But a writ of mandamus is different; it seeks an order compelling a judge to do something or not do something….. be cautious and know the Florida appeals rules
- Here is a link to read this writ of mandamus Florida opinion from the Palm Beach appeals court: http://www.4dca.org/opinions/June%202015/06-17-15/4D14-4162.op.pdf
- In the end, you have to ask yourself: What does a Palm Beach probate personal representative or estate beneficiary Boca Raton need to know about writ of mandamus?