Are you unsatisfied with the results following a West Palm Beach probate jury trial? Are you searching for grounds for an appeal? Have you looked into the jury instructions? Check out this recent appeal from the Fifth District Court of Appeal in Florida to learn more about how these instructions may give you a right to an appeal.
Jury Instructions
- What are jury instructions?
- In West Palm Beach, pursuant to the Florida Constitution you have a right to a jury in any action that you would have had the right to a jury when the Constitution was ratified.
- This includes will contests and many other probate lawsuits.
- The jury does not just decide the matters cold, they are given instructions on the law.
- Who decides what the instructions will be?
- Ultimately the final decision rests with the West Palm Beach probate judge but your Palm Beach probate lawyer will also have some input.
- There is some discretion with regards to what instructions a Court uses and this discretion is key to success in your case.
- The wording can influence how a jury decides your case!
- If you feel there was an error in the jury instructions you may be able to appeal.
- You need to preserve the issue for appeal though so hopefully your probate attorney objected at the time.
- Check out this recent case out of the Fifth District Court of Appeal where a jury instruction was appealed to no avail.
- What makes this case different from yours?
Atlantica v. Adragna
- This was an interesting appeal from the Fifth District Court of Appeal following the sale of a home.
- Atlantica claimed that the sellers had hidden multiple defects in the home and that they had breached the contract as a result.
- Unfortunately for Atlantica, the jury did not agree!
- On appeal Atlantica challenged the sufficiency of the jury instructions with the appeal court.
- The appeals court noted a few things including the fact that the trial court has some broad discretion by way of jury instructions.
- Experienced Palm Beach probate litigators know that that discretion can be key to winning a jury trial.
- Do you know how to use these instructions to your benefit?
Want to learn more about the important of jury instructions in West Palm Beach?
Check out this recent case by clicking here.