Fourth DCA Case: Appellant Fails to Preserve the Issues and Loses. Don’t Make the Same Mistake in West Palm Beach.

Uncategorized • Oct 9, 2015

Are you upset about a decision issued by the West Palm Beach probate court? If you are considering appealing you may want to listen up and read this recent case out of the Fourth District Court of Appeal. Why is this case so important to you? It shows how you can waive your right to appeal by not preserving the issues. Do you know what that means?

Preserving the Issues

If you want to appeal your case in West Palm Beach you need to preserve the issue at the trial level.
What does that mean?
When the appeals court looks at your case they need a record for the appeal.
That means several things.
First your West Palm Beach probate attorney needs to know when to object.
Second there needs to be a transcript of the hearing you are objecting to or some record thereof.
What happens if you fail to preserve the record?
You may be out of luck.
How can you expect the appeals court in West Palm Beach to review something if you leave them nothing to review?
That is what happened in a recent case filed yesterday out of the Fourth District Court of Appeals.
Check it out.

Ognenovic v. Giannone

This was an appeal from a case in Broward County.
An appellant filed claims of fraud, constructive fraud and civil theft against appellee and lost at the trial level.
There is a quick lesson about acting swiftly in West Palm Beach because his actions were barred as a result of waiting too long.
How long do you have to file a complaint in West Palm Beach?
On appeal the Court noted that it was not going to address the various issues raised on appeal.
Guess why!
Because the appellant’s attorney failed to preserve the issues on appeal.
It is crazy how important a small objection can be in the grand scheme of your case in West Palm Beach.
Do you see how?

Want to learn more about preserving the issue for appeal?

Check out this recent case and learn from their mistakes by clicking here.