Probate courts in West Palm Beach skirt a fine line everyday in order to meet two important goals: not wasting the Court’s resources (i.e. our tax dollars) and affording people due process and justice. Sometimes the Court skirts the line a little too close to “budget justice” and that can constitute error. Check out this recent case out of Miami’s Third District Court of Appeal where the Court turned a routine status conference into a final judgment hearing, does that seem fair to you?
Notice and Due Process
- You have a right in West Palm Beach to be heard, and part of that right also encompasses having time to prepare for what you are going to say.
- If the Court simply enters judgment against you without you getting a chance to say something you may want to contact a West Palm Beach attorney with experience in appeals.
- This may be a time to appeal to the Court.
- Failure to give you a chance to mount a defense is actual a constitutional issue sounding in due process.
- That means before they throw out your Father’s will appointing you as personal representative that you have a right to have your say.
- That does mean the probate court has to agree with you but they should listen.
- Remember that if you want to appeal this kind of a matter you will need to preserve the record.
- What does that mean?
- It means you need to have some way to show the appeals court what happened.
- Sometimes though a violation of due process can happen at a moment’s notice, check out this recent divorce case.
Shah v. Shah
- A couple got married in India and the husband moved to Florida, and subsequently filed for divorce stating that the marriage was irretrievably broken.
- He then went on to say there were no assets of the marriage to be divided.
- The wife disagreed noting that there was property in the USA and India, furthermore she said the man conducted a business which saw profits.
- The court took her pro-se reply and scheduled a status conference on the case.
- During that hearing though the Court decided to just go ahead and enter final judgment.
- Do you see the problem here?
- The Courts in Southern Florida owe you a duty to hear your side, and there was no way that the woman was prepared to share her side at that time.
- The Appeals Court in Miami said that this was plainly error and they reversed.
- Do you agree?
- Can this happen to you in a probate lawsuit?
- Does your probate attorney have experience with appeals?
Want to learn more?
Check out this interesting case by clicking here.