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Florida Probate Appeals and Jurisdiction

Uncategorized Jun 30, 2020
post about Florida Probate Appeals and Jurisdiction

What is a probate appeal? When do you need to hire a Florida appellate attorney? What probate orders are appealable? What should West Palm Beach probate lawyers know about Florida Rule of Appellate Procedure 9.170? What happens if it is determined that a Florida appellate court does not have jurisdiction to hear a certain appeal?

Florida Probate Litigation and Appeals

Florida lawyers know that some probate cases can lead to an appeal. If you disagree with a final judgment, you may be able to file an appeal. There are certain probate orders that can also be appealed. If you win, the other side may appeal. Therefore, it’s important to anticipate the possibility of having to hire a West Palm Beach appellate attorney.

Hiring a Florida Probate Lawyer

If you are in the process of hiring a Florida probate litigation firm, you may want to look for a law firm that is experienced in both estate litigation and appeals. In the early stages of litigation, many people fail to consider the possibility of an appeal being filed. However, in the probate world, appeals do occur.

What if you win your Florida probate case 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 Probate Rules, ready to assist.

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.

Because our firm’s focus is litigation and appeals, our trust lawyers know what to do during trial to ensure that issues are preserved for appeal, if necessary. In addition, having focused trial lawyers and appellate lawyers in one firm is beneficial because you may save time and money during the appeal due to the fact that the firm is already familiar with your case. If you need to hire a separate Florida appellate attorney, that attorney will need to obtain and review all of the trial level documents before starting the appeal, which takes time and money.

Maercks v. Maercks

Maercks . Maercks is a good example of a Florida probate appeal. Here, a will was admitted to probate. There was another document that the decedent had executed regarding the distribution of her assets. The personal representative, who was also a beneficiary, petitioned to have the second document admitted to probate as a codicil even though he had not included it initially. After the trial court admitted the codicil to probate, another beneficiary appealed.

The trial court’s order specified that the court did not make any rulings of fact or law, as it applies to the content of the codicil, and that the legal positions of the parties, or the effects of the codicil, would need to be further litigated by the parties.

Appellant argued that, under Florida Rule of Appellate Procedure 9.170 (b) (2), 12, and (13), the appellate court had jurisdiction. However, due to the language of the trial court’s order, the appeal was dismissed. Why was it dismissed? You should read Maercks v. Maercks in its entirety.

If you wish to interview a Florida probate lawyer or appellate lawyer, call (561)514-0900 ext.101.