Florida Estate Litigation and Civil Contempt
In Florida probate litigation, can you be held in contempt of court if you don’t know what you’re supposed to do? If you are involved in an inheritance lawsuit in Florida or estate litigation West Palm Beach, you may want to learn about contempt. A 2015 opinion from the Second District Court of Appeal, an appellate court in Florida, discusses the issue of contempt in a way that can help you in your probate trial Delray Beach.
Contempt and Probate Litigation
- Why do I need to be concerned about contempt when I am involved in probate litigation Boca Raton?
- When probate court judges Palm Beach enter orders commanding you to do something, or making you refrain from doing something, you can be held in contempt of the court if you fail to comply.
- Why is contempt relevant to Florida estate litigation?
- Often, estate litigation in Florida involves a lot of family emotions, sibling rivalry, and disagreements.
- Our justice system in Florida requires that we follow court orders.
- Therefore, it is important to know what the orders given to you are, and what they mean.
- Your probate attorney West Palm Beach should be able to help you get a clear understanding as to what the judge is asking you to do or refrain from doing.
- If you’re involved in Florida estate and probate litigation, and a contempt order has been entered against you, do you know your rights?
- Do you know if you can appeal?
- Can you even appeal a Florida contempt order?
Menke v. Wendell
- This appellate opinion is not a probate opinion but it deals with civil contempt, a very relevant subject in Florida probate litigation.
- What do you need to know about civil contempt in Florida?
- If a motion for civil contempt has been filed in your trust and estates lawsuit, it is important that you know how to respond to it.
- Your probate litigator Palm Beach knows that, if you have been told to do something by a probate court judge, you better know how to comply.
- In this case, evidentially, the party did not clearly understand what the order said.
- The Second DCA speaks to that particular situation in the context of contempt.
- “A pre-jugement civil contempt order entered in an ongoing proceeding is subject to certiorari review.”
- What is the “applicable standard of review?”
- Whether the challenged order “1) constitutes a departure from the essential requirements of the law; (2) causes material injury throughout the remainder of the proceedings below; and (3) causes injury that is irreparable, as it effectibely leaves no adequate remedy at law.”
- Click here to read the entire case and learn more about when a party can besanctioned for contempt in Florida probate litigation.
Want to know more about Florida probate litigation? Consider these free resources:
- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.
com/Firm-Overview/FAQS.shtml