If you are involved in Florida probate litigation or an estate lawsuit such as a will contest, do you know how to set aside a final judgment or order? Does your probate litigator know how to set aside an order by filing the proper motion with the Palm Beach probate court? A recent decision by Florida’s 3rd District Court of Appeal, issued September 17, 2014 provides insight to the Florida Rule of Civil Procedure that lets you do that. Although this legal opinion is not a probate case, it is very instructive on the Florida rule. Probate litigation in Miami-Dade County, Florida? You may want to read this Florida case.
Relief From Judgment Under Florida Law
- In the middle of a Palm Beach probate?
- Maybe you are involved in an estate lawsuit in the Delray Beach courthouse, or the probate court in Broward County.
- If the probate proceeding in Florida is declared “adversary” then the Florida Rules of Civil Procedure apply
- Note: the Florida Rules of Civil Procedure are different than the Florida Probate Rules.
- Question: do you know when the Florida Probate Rules apply and when the Florida Rules of Civil Procedure apply?
Understanding Florida Rule of Civil Procedure 1.540
- If you lose in the probate court, you can, usually, appeal the probate court ruling to the appropriate Florida appeals court– but it depends. Florida’s rules on appealing probate matters are very unique.
- For Broward County, like Ft. Lauderdale probate, and for Palm Beach County probate, that means you “go” to, or appeal to, the 4th District Court of Appeal in West Palm Beach
- For Miami-Dade County probates and civil matters, you appeal to the 3rd District Court of Appeal
- Both Florida appeals courts have websites which publish their legal opinions free, online
- Florida law permits final judgments, decrees and orders for certain, limited, reasons, to be set aside under a specific rule: Florida Rule of Civil Procedure 1.540
- This is a very powerful tool in probate litigation. It is one way to possibly correct mistakes or errors in probate or guardianship cases, for example.
- This recent Miami litigation case involved fraud, civil conspiracy, breach of contract, unjust enrichment
- The Miami appeals court did an excellent job of explaining Rule 1.540 and the “relief from judgment” principles of Florida law. Is it a blueprint? Perhaps. Almost. Worth reading if you are a probate litigator? Absolutely.
Question: want to read more about this Florida litigation issue? Here is a link to the Florida appeals court website so that you can read the Florida legal opinion for free, online: http://www.3dca.flcourts.org/Opinions/3D13-2708.pdf