Can You Obtain a Temporary Restraining Order in a Trust Lawsuit in Florida? January 6, 2016 Second DCA Opinion
Do temporary restraining orders exist in Florida probate litigation? Under what circumstances will a probate judge West Palm Beach grant a temporary restraining order? If you are in the middle of a trust lawsuit, you may want to read a January 6, 2016 Second District Court of Appeal case that deals with a Florida trust and a temporary restraining order.
Temporary Restraining Orders & Probate Litigation
- Temporary restraining orders are becoming more frequent in probate litigation Delray Beach.
- This is because, many people involved in a trust or estate dispute, want to freeze accounts to prevent the trustee, or someone who has access to the money, from doing something.
- This freeze could be a temporary restraining order rather than a permanant injunction.
- How do you get a restraining order in a Florida probate lawsuit?
- Is there a good chance that a request for a temporary restraining order will be granted by a probate court judge?
Dowdy v. Dowdy
- This January 6, 2016 appeal was a trust construction action.
- What does this mean?
- A trust contruction action is when someone is asking the court to interpret the trust or, in other words, tell them what the trust means.
- Here, a temporary injunction was issued by the court.
- This temporary injunction directed a person to “deposit proceeds of a property sale into the court registry pending the disposition of her stepson’s petition for construction of a trust.”
- This case describes four things that a movant must prove to obtain a temporary injunction.
- First, a movant must show that ” he will suffer irreparable harm without an injunction.”
- What is irreparable harm in a trust lawsuit?
- We think of irreparable harm as something that can’t be undone.
- Most of the time, money damages do not constitute irreparable harm.
- Therefore, in most cases, your trust and estates lawyer West Palm Beach shouldn’t be asking for money damages.
- Also, skilled probate litigators know that trying to get access to homestead in Florida, or access to a house, is not irreparable harm, except for in rare circumstances where the homestead will be permanently ruined.
- Did the movant in this case successfully prove the four factors or did the Second DCA overturn the temporary injunction?
- Click here to read the entire case and find out.Want to know more about Florida probate litigation? Consider these free resources:
- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.
com/Firm-Overview/FAQS.shtml