Florida Appellate Lawyers and Injunctions
What is a Florida appeal? When do I need to hire a Florida appellate attorney? Can I appeal a circuit court’s order? Can a court orally promise something and then say something different in their written order?
Florida Injunctions and Appeals
Florida guardianship lawyers are sometimes hired to file a petition for injunction against exploitation of a vulnerable adult per section 825.1035 of the Florida Statutes. In addition, guardianship lawyers may file other petitions for injunction if the situation deems necessary. Guardianship litigation or Florida injunction lawsuits can lead to an appeal. If you disagree with a final judgment or order, you may be able to file an appeal. It’s also important to note that, if you win your case, the other side may appeal. Therefore, it’s smart to anticipate the possibility of having to hire an experienced Florida appellate attorney.
Hiring a Florida Injunction Lawyer
If you are in the process of hiring a Florida litigation firm to file a petition for injunction on your behalf, you may want to look for a law firm that is experienced in both litigation and appeals. In the early stages of litigation, many people fail to consider the possibility of an appeal being filed. However, as any litigator can tell you, appeals do occur.
What if you win your West Palm Beach injunction lawsuit and the other side decides to appeal? You need to make sure you have a powerful appellate attorney, who is knowledgeable about both the Florida Rules of Appellate Procedure and the Florida Statutes regarding injunctions, such as Florida Statute 825.1035. If you don’t take an appeal seriously, all of the money you spent on litigation, and the hard work put in by your Florida trial attorney, may go to waste.
At Pankauski Hauser Lazarus, one of the law partners, Robert Hauser, has been named a Board Certified Specialist by The Florida Bar in Appellate Practice. This designates Mr. Hauser as an expert and specialist in appeals in Florida.
Petition for Injunction Against Exploitation of a Vulnerable Adult
Unfortunately, guardianship lawyers frequently see vulnerable adults, such as those with Alzheimer’s or dementia, being taken advantage of by the people entrusted to care for them. If you believe that an elderly or vulnerable family member is being taken advantage of by a caretaker, you definitely want to read Florida Statute 825.1035. This statute explains how to seek an injunction to stop a caretaker or “friend” from stealing money or taking advantage of a vulnerable adult.
Soldatich v. Jones
A January 22, 2020 Fourth DCA opinion, Soldatich v. Jones,is a great example of a Florida appeal involving an injunction against exploitation of a vulnerable adult. Here, a caretaker appeals from the circuit court’s final order entering an injunction against her for protection against exploitation of a vulnerable adult.
A year after the caretaker began caring for the vulnerable adult, the family filed a petition for injunction against exploitation of a vulnerable adult per Florida Statute 825.1035.
After the circuit court reviewed the family’s petition per section 825.1035(5), they entered an ex parte temporary injunction against the caretaker. A full hearing was later held. At that hearing, the circuit court orally stated that it was entering a final injunction order without any admissions against the caregiver and without conducting an evidentiary hearing. The order was by agreement. However, the written order contained findings which did not conform with what the court had said orally. Therefore, the appellate court reversed the circuit court’s final injunction order in part and remanded for amendment of the final injunction order.
If you are involved in an appeal regarding an injunction, you may want to read Soldatich v. Jones in its entirety. To interview a Florida appellate lawyer, free of charge, call (561)514-0900 et.101.