FLORIDA LITIGATION: SUING THIRD PARTIES BEFORE THE STATUTE OF LIMITATIONS RUNS

If you have been sued in a   Florida lawsuit,    you may need to sue someone else who may also be responsible for damages, but who was not named as a defendant in the Florida litigation. Palm Beach   probate   litigators   know this as a “cross claim”.    Cross claims   seek to bring in a   third party defendant    who may be responsible for damages.  Palm Beach Trust Litigators   are familiar with this concept when a Palm Beach Trustee is sued and  trust damages   or   trustee liability    may be the responsiblity of some third party who was involved with the Palm Beach Trust.  Like who ?  Like a :

• Florida Trust Protector,
• a CoTrustee,
• a service provider who provided services to the Florida Trust or the Florida Trustee
• an “investment agent” —  someone who accepted the delegation of investment functions of the Florida trust, like a money manager

Remember:  under the    Florida Trust Code,  Florida trustees are only responsible for torts which they   personally committ    during their service as trustee.   This does not let Florida trustees off the hook every time:  after all, Trustees are responsible for what happens on their watch.   Liability and whether or not to bring a cross claim are important parts of a   Trust Litigation Trial Strategy    which your Palm Beach trust litigator can speak to you about.  For a   VERY important, very recent Florida case,     from the Florida  Supreme Court, on  the #Floridastatutesoflimitations and third party defendants in #Floridalawsuits, see the Cadecues Properties LLC v Graney case, handed down on February 27, 2014.

Remember: you need sue third parties within the Florida statute of limitations.