Are you about to file a probate lawsuit in Florida? When a litigant files a will contest in Florida they have a unique position and choice that can alter the entire lawsuit. Do you know what that decision is and how it control the rest of the case? Check out this recent case out of the Second District Court of Appeal to learn more before you file?
Bench v. Jury Trial
- Did you know that when a probate attorney Florida files a will contest they get to decide whether or not they want a jury trial?
- Sure it is not that simple, the defendant can request one too.
- But Florida will contest lawyers know they have to not make that decision lightly.
- Failure to request a jury trial at the right time may result in the claim being waived.
- What happens if you do not select a jury?
- Then you are going to have a probate bench trial.
- So who makes all those decisions?
- The Florida probate judge.
- Can you see how a case is going to be tried differently depending on who decides the facts?
- Do you understand the difference between deciding facts and law?
- The judge always decides the law in probate court but you have a right to ask the jury to determine the facts.
- How do you know which is which?
- Talk to a Florida estate lawyer for starters.
- Check out this recent appeal from the Second District Court of Appeals in Florida.
- Was a bench trial the right call?
Bailey v. St. Louis
- This was an appeal from a bench trial in Florida.
- It was a for a whole bunch of different things ranging from slander / defamation all the way up to breach of fiduciary duty.
- Probate attorneys Florida know that deciding whether or not you want a jury is a tough call.
- Here the appellants did not want a jury and a bench trial was decided.
- Now as things go up on appeal you have to wonder if they stick by that decision.
- Do you know what to consider when making the call?
Want to learn more?
Check out the entire case by clicking here.
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