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Can You Sue the Professional Trustees in a Class Action Lawsuit in Florida?

Uncategorized Feb 8, 2016
post about Can You Sue the Professional Trustees in a Class Action Lawsuit in Florida?

Do you know what a class action lawsuit is? Can you have a class action  in Florida probate court? Florida probate lawyers know there are a lot of rules about class actions that you may want to know. Why was a trustee of a pension plan named in a class action in Miami recently, read the entire case to learn more!

Class Actions in Florida

  • What do Florida estate lawyers need to know about class action lawsuits?
  • A class action lawsuit is a lawsuit against a party that is brought by a plaintiff and those “similarly situated.”
  • In other words, a whole bunch of people are suing the same person and the probate court may want to streamline the process a little.
  • Thus the estate attorney Florida represents a “class” of people rather than a ton of individual plaintiffs.
  • How does this change the probate court trial in Florida?
  • Florida probate attorneys know that for one thing you may be able to appeal the certification of a class action without waiting until the end of a lawsuit.
  • Florida probate lawyers know when there is an exception to the rules on appealing non final orders, you may as well use them.
  • Was that the logic of the appellants here?
  • Read the entire case and figure it out for yourself!

Osborne v. Emmer

  • This was an action where a party was trying to certify a class in Florida.
  • Unfortunately that was denied so the attorney had to appeal.
  • One thing Florida estate attorneys understand about class actions is that the attorney needs to adequately represent the class.
  • In fact probate attorneys Florida know that the Court can remove an attorney from representing a class, and put in a new attorney!
  • Florida will contest lawyers know that waiting too long on something can reflect a poor ability to handle the responsibility of these matters.
  • So was the court right to decide that the class was not certified?
  • What do you think?

Read the whole case before you make up your mind.

Want a free copy? Click here!

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