Failure to follow the orders of the Florida probate court during probate litigation is going to lead to the imposition of sanctions. What can Florida probate lawyers do after the court imposes sanctions? Depending on the sanction itself you may be able to appeal. How can estate lawyers in Florida know whether or not the sanctions are too severe? Check out this recent case to learn more.
Sanctions and Appeals in Probate Lawsuits
- Nobody likes sanctions in Florida probate litigation, except the other side when they are imposed on you.
- Florida estate lawyers know that a sanction is a punishment or restriction on your rights in litigation that come as a result of failure to follow the rules or a court order.
- What kind of sanctions do probate judges in Florida hand down?
- It depends on the situation.
- The ultimate sanction of course is dismissal with prejudice of your probate lawsuit.
- Unlike many sanctions, that can be appealed instantly because it is a final judgment on the case.
- How do you appeal other sanctions orders in Florida probate?
- Estate litigators know that you may have to wait.
- The question on any Florida will contest lawyers mind is are the sanctions fair?
- If you want to go to the appeals court for review there should be good grounds for that.
- So how do you know if the sanction was fair or not?
- Unfair sanctions may be an abuse of the trial court’s discretion.
- Want to learn more?
- Check out this recent appeal from the Fourth District Court of Appeals.
Townhouses v. Crain
- This was dispute between a condominium association and an engineering company that did construction.
- The trial court dismissed the original lawsuit and made the other side refile the lawsuit after they had failed to follow an order on amending it.
- That may not seem too harsh but it was actually fatal to the claim.
- This is because in the meantime the statute of limitations had passed.
- In other words although the Court did not tell the plaintiffs they cannot refile the lawsuit, the reality of it was that they could not.
- Was that fair?
- Florida probate lawyers know this harsh of a penalty is not common.
- On appeal the Court reversed stating that it was too harsh.
- Do you agree?
Want to learn more about sanctions in Florida probate court?
Check out the entire case by clicking here.
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