Estate litigation in Florida can get heated but make your moves carefully. Are you and your Florida probate lawyer considering filing a notice of appeal after a bad call from the probate judge? Make sure to think it out before you do because failure to follow through could result in sanctions for wasting the Court’s time. Don’t believe it? Just check out this recent decision released today from the Third District Court of Appeal.
Following Through on Appeals
- Florida probate litigators know that Courts have limited resources and they need to be respected.
- Filing a lawsuit in the trial court and letting it sit there is sadly a common practice in many Counties throughout Florida.
- Estate lawyers in Florida know that is not the case when it comes to the appeals court.
- If you want to file a notice of appeal for your Florida probate litigation, then be prepared to follow through.
- Also you better be prepared to present a real argument.
- Simply saying that the Court made a bad call is not going to be enough, ask any Florida probate litigator or will contest lawyer.
- Want to learn more about what not to do?
- Then you should check out this case just released today from the Third District Court of Appeal.
HSBC v. Biscayne Point Condo. Association
- This was an appeal centered around a foreclosure.
- A condo association had foreclosed on a condo and wanted to take it free and clear of the bank’s lien from a mortgage.
- Do you think the bank was going to let that happen?
- Guess again they fought and won at the trial level.
- So what happened next?
- The other side filed a notice of appeal.
- Florida estate lawyers know you have to file these within thirty days if you want the relief appealed.
- Here they filed that notice and then did nothing with it.
- They did not even file an appearance or a brief!
- That is a waste of the Court’s resources!
- Guess what the Court did in response?
- They forced the condominium association to come in and show cause as to why it should not be sanctioned.
- How would this have gone down if this was a probate appeal?
Want to learn more?
Check out the entire case by clicking here.
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