When is a lawsuit subject to dismissal for a sham pleading? And do probate litigation law firms West Palm Beach need to know the difference between a frivolous lawsuit and one that is based upon a sham pleading? If you are involved in defending an estate or a Florida trust, consider this recent Palm Beach appeals case on sham pleadings and malicious prosecution claims in Florida. While it is not revealed if this was a probate lawsuit in Florida or not, estate lawyers in Florida should know about sham pleadings, and what you can do to defend against them. Likewise, why is important to understand what malicious prosecution is? And how you can defend it? Probate lawyers Florida should consider the following:
Why Probate Lawsuits Take So Much Time, Money and Effort
- Ask any estate law firm in West Palm Beach and they will tell you that divorce lawyers or family law attorneys and probate lawyers deal with a lot dysfunction in a family
- Is sibling rivalry and family dysfunction the reason we have so many Florida probate litigation lawsuits, or is it greed?
- Or, maybe family members and beneficiaries just want to “do the right thing”
- There are STRONG emotions, feelings, and even animosities that Florida trust lawyers have to deal with when administering a trust or estate, and even a guardianship Delray Beach
Why Do Family Members Sue Each Other in Florida Probate Court?
- What’s my point in letting everyone know what they already know? That your sister hates your other brother, or your stepmother hates you, that your mom’s third husband does not get along with your brother. We know that, right?
- Well, when someone dies, there is an estate or a Palm Beach probate or a trust and that’s when those animosities can rear their ugly head
- Often, in the form of a will contest or someone is contesting the will or objecting to probate according to probate litigation law firms Florida
- So, you have to make sure that your lawsuit, or your will contest, or your defense has a basis in the law and the facts
- Otherwise, the money you are spending on a Florida estate lawyer may be for nothing more than a frivilous lawsuit which can make you subject to sanctions, attorneys fees and costs
- Or, if your legal position filed by your Palm Beach estate law firm is a sham pleading, it can be stricken
- In this recent case, a motion to strike the complaint was filed and granted by the trial court, without holding an evidentiary hearing.
- Striking a complaint as a sham is judged by an abuse of discretion standard in Florida
- But, can the Florida litigation privilege bar a plaintiff’s malicious prosecution claim?
- Read Fischer v. Debrincat, 169 So. 3d 1204 (Fla. 4th DCA 2015) (rev. granted, No. SC 15-1477, Fla. October 5, 2015) and also this case.
- Why read the Fischer case? “The litigation privilege cannot be applied to bar the filing of a claim for malicious prosecution where the elements of that tort are satisfied.”
- This recent case is Watson v. Stewart Tilghman Fox & Bianchi, PA, 40 Florida Law Weekly D 2463, a November 4, 2015 appellate opinion from West Palm Beach appeals court the 4th District Court of Appeal. Here is the link to read the entire opinion:http://4dca.org/opinions/Nov.%202015/11-4-15/4D14-957.pdf