Florida probate litigators know that a case is won on evidence, not just damages. What does that mean? It means that in Florida probate litigation you do not just have to prove that the actions hurt you but that they were contrary to the law in some way. Failure to do that spells summary judgment for the other side. Want to see how? Check out this recent case out of the Third DCA.
What is Summary Judgment?
- Summary judgment is a way that Florida estate litigators keep a case out of the jury room by having it resolved prior to trial.
- How do they do that?
- The Trial Court will look at all of the admissible evidence on record and determine whether or not there is a dispute of fact.
- When there are legitimate disputes about important (often called material) facts then the judge will allow the Florida will contest lawyer to take his case to the jury.
- If you cannot show that dispute the other sides Florida probate attorney is going to win on summary judgment.
- A lot of times clients and amateur estate attorneys Florida are focused solely on proving damages.
- What about the other point – why the defendant should pay those damages?
- This is where experienced Florida estate attorneys make their craft, proving there is no reason to go to trial.
- Check out this recent case out of the Third DCA.
- Sure it is about a slip and fall, but what does it have to do with your estate litigation in Florida?
Perez-Rios v. Graham Buildings
- This was a basic slip and fall case that’s summary judgment got up on appeal.
- The plaintiff basically could not prove that the slip and fall was the defendant building owner’s fault.
- Is that really that hard to do?
- It depends where your focus is.
- Florida estate lawyers know that successful probate trial is about combining facts and law.
- Failure to create a legal right to payment is going to spell disaster at the summary judgment hearing.
- That is what happened here after all.
- What could the Florida trial lawyer have done differently here?
- Read the case and make up your own mind.
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