Florida Probate Litigants Get One Bite at the Apple, Fourth DCA Appeal Refuses New But Overly Similar Lawsuit on Grounds of Res Judicata

All too often in Florida probate litigation a party loses one lawsuit and  wants to bring another. Florida estate attorneys know that these clients should be wary of the doctrines of res judicata and estoppel. Do you know what that means? Check out this recent case out of the Fourth District Court of Appeal located in West Palm Beach to learn more. 

One Bite at the Apple and Res Judicata

• Florida will contest lawyers know that you get one bite at the apple in Florida estate litigation.
• What does that mean?
• It means if you go to Court on an issue and a case is decided against you on certain matters, you cannot just re-litigate those issues under a different title.
• In other words lets say there is a Florida pour over will and trust set up.
• If you and your Florida will contest lawyer file a lawsuit in probate court contesting the validity of the will and lose, bringing the same issues up in a trust lawsuit is probably not going to fly.
• That being said part of the reason you consult with a Florida estate lawyer is to see if these doctrines even apply.
• What happens when you file a lawsuit that violates these doctrines?
• Check out this recent appeal from the Fourth District Court of Appeal in West Palm Beach to learn more.

Kowallek v. Rehm

• This was an appeal from a lawsuit where a homeowner sued the local government for removing vegetation from his land.
• The problem is he had already litigated the issue in a prior lawsuit.
• As a result the city filed a motion and the court dismissed his lawsuit with prejudice. 
• Does that sounds fair to you?
• Keep in mind that the probate courts in Florida have limited resources and cannot redo every lawsuit.
• Also failure to enforce these policies may have a bad effect.
• Florida estate attorneys may decide to bring claims in one way with a backup in mind in case they lose.
• Cases could go on into perpetuity.
• Does that sound like good policy to you?
• Maybe these rules are fairer than they appear at first, despite how harsh they may be.
• What do you think?

Before you decide check out this recent case.

For a free copy of Kowallek v. Rehm click here. 

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