Fourth DCA Case: Courts cannot depart from the law for sympathy.

Are you engaged in a Palm Beach probate action and the judge seems to   depart from the word of the law out of compassion? You may be able to show the appellate court that the lower court is abusing its discretion. Check out what the Fourth District Court of Appeals had to say about this issue.

Writ of Certiorari

• A rare remedy that a Palm Beach litigant can seek in appellate court is the writ of certiorari.
• This old writ basically tells the lower court that it has departed from the essential requirements of law.
• Do you know what that means?
• If the court awards a house to your sister out of sympathy because she is poor but the Delray beach house was yours according to the will did the court depart from the essential requirements of law?
• Do you have a Palm Beach probate lawyer that knows how to appeal your case?
• What does a proper petition for a writ of certiorari look like in Florida?

First Bank Puerto Rico v. Othon & Othon

• The Fourth District Court of Appeals hears cases in and for Palm Beach Florida.
• The Court recently had the unfortunate duty to decide the case of First Bank Puerto Rico v. Othon & Othon on April 22, 2015. (Case No. 4D15-583)
• The bank had brought a successful foreclosure action and the sale was set. The Court ultimately cancelled the sale and set it for 90 days later due to health conditions of one of the owners. The bank objected and went to the appellate court seeking a writ of certiorari to halt the court from stopping the sale. Ultimately the appellate court had to reverse the trial court and uphold the law.
• Case law was clear; sympathy was not grounds for setting aside a foreclosure sale.

Probate Takeaway

• Are you the clear “unsympathetic” party in your probate litigation?
• Has the court clearly strayed away from the letter of the law due to sympathies?

Want to learn more? Check out the entire case by clicking here.