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Did You Preserve the Issue for Appeal? If Not Its Waived- Fourth DCA Case, Lawyer Needs to Read the Fine Print.

Uncategorized • Jul 17, 2015
post about Did You Preserve the Issue for Appeal? If Not Its Waived- Fourth DCA Case, Lawyer Needs to Read the Fine Print.

Are you in the midst of a West Palm Beach will contest  or trustee dispute? Are you sure that you and your West Palm Beach probate litigator are preserving the issues for appeal?Experienced litigators know that an error not preserved is an error unheard for the most part. Just remember if you do not correct an error in the record or overlook it, it could come and bite you later. Don’t believe me? Check out this case out of the Fourth District Court of Appeals.

Preserving the Issue on Appeal

  • Courts work on records and if you can not show the court something in the record they can not just take your word for it.
  • Do you know how to preserve the issues?
  • Believe it or not time is of the essence in appeals.
  • Are you prepared to act quickly to preserve your right to appeal on a non final issue?
  • Make sure that you look into the details and the fine print or you may regret it, that is what one appellant learned in appeal from the Circuit Court in the Seventeenth Judicial District for Broward County.
  • Check out this case out of the Fourth District Court of Appeals that shows, the fine print is worth reading.

Online Satellite Communication v. GMPCS Personal Communication Inc.,

  • The appellants filed a motion for rehearing regarding a motion to quash service of process.
  • The appellants claimed that the trial court did not hear any evidence at a hearing.
  • The problem with that is the order from the court expressly said that evidence was taken.
  • Experienced Palm Beach probate litigators know that order probably was proposed by one side and maybe in a haste no one looked at the fine print.
  • But that does not matter, the circumstances are irrelevant!
  • Failure to object then and their waived any right to appeal.
  • See why the fine print is so important in West Palm Beach?
  • Is your lawyer looking at the fine print?

Want to learn more?

Check out the entire case by clicking here.

http://www.4dca.org/opinions/July%202015/07-15-15/4D14-2791.op.pdf