Has the trial court for Delray Beach dismissed your claim following a hearing on a motion to dismiss? Do you know your rights on appeal? An appellate court that reviews a motion to dismiss for failure to state a cause of action has to review the facts and legal conclusions again to confirm whether or not they agree with the trial court. Is your Palm Beach probate litigator prepared to appeal and prove your action?
Motion to Dismiss
- Has a motion to dismiss been filed against your case in West Palm Beach probate court?
- Do you know what this means?
- A motion to dismiss is a motion brought relatively early in the litigation process.
- The other side is essentially saying that if the court assumes everything that you claim is true that still is not grounds for the relief you requested.
- How can you win a motion to dismiss hearing?
- Experienced Palm Beach probate litigators know how to draft a lawsuit’s complaint in conformity with pleading requirements.
- Do you know whether or not you can appeal a motion to dismiss that was granted?
- What if it was denied?
Caribbean Cruise v. Better Business Bureau
- A motion to dismiss when granted may stand as a final order meaning you can appeal.
- That is exactly what one appellant did in a recent case out of the Fourth District Court of Appeal where Caribbean Cruise Lines sued the Better Business Bureau for defamation.
- The case arose after an unpleasant rating was given to the cruise line, and the court quickly dismissed the case.
- On appeal the Fourth District found that this was an improper judgment and reversed the case to the trial court.
- Are you prepared to win a motion to dismiss whether you are bringing it or defending against one?
De Novo Review
- In Florida when an appellate court reviews a motion to dismiss it reviews the facts and circumstances “a new” or in latin “de novo” which means you may have a second chance to prove your case!
- Do not miss your second bite at the apple.
Want to learn even more?
Check out the entire case by clicking here!