Florida Inheritance Litigation: Statutory Interpretation

What happens if a Florida statute could be interpreted multiple ways? How do Florida probate courts review questions of statutory interpretation? How can a Florida appellate lawyer help you to prove that a statute should have been interpreted differently? What happens if a statute is wrongly relied on in a case because it does not apply to the facts of the case? These are exactly the issues that are discussed in an August 24, 2018 Second DCA opinion, Gordon v. Fishman. 

Here, Silvia Gordon appeals the trial court’s order determining beneficiaries and order denying motion for rehearing to vacate. The trial court relied on Florida Statute 732.507(2) but the appellate court concluded that this statute did not apply to the facts of this case. How did the appellate court come to this conclusion? The opinion explains that the court reviews questions of statutory interpretation de novo. They look to the “intention of the Legislature as expressed in the statute.” They examine the plain language of the statute to see if it is clear and unambiguous. Unless it is not clear, the statutes plain and ordinary meaning must control. To read the entire opinion, click here. To interview an experienced probate lawyer, free of charge, call (561)514-0900 ext.101.