Fourth DCA Case: Remanded Because of Improper Reading of Documents

Wills and trust charters are complicated documents.  West Palm Beach Courts are also very busy.  Do you think it is possible that the Court would make a mistake in interpreting these long documents? I think it is. If you do not believe me check out this case out of the Fourth District Court of Appeal where a case was remanded back to the trial court because they misinterpreted the language.

West Palm Beach Appeals

• Usually you cannot appeal things that are non-final although some exceptions do exist.
• But what do you do when the judge misinterprets something?
• Clearly if you want to appeal this is a major issue for you in the case and odds are the other side is not going to concede it is error.
• How can you fix this?
• One set of litigants came up with a creative answer and chose to appeal based on a misinterpretation.
• Do you think this was a good idea?
• In the end they won a remand to the trial court for the interpretation to be reviewed and/or corrected.
• Check out what happened in this strange Fourth District Court of Appeals case.

Michael Anthony Company et. Al. v. Palm Springs Township

• This was a complicated appeal from the Fifteenth Judicial Circuit in and for West Palm Beach county.
• The underlying case was one for breach of contract and indemnity.
• Indemnity is a party’s right to seek repayment for judgments that are really based on another’s fault.
• Look for indemnity clauses in contracts they tend not to exist otherwise.
• The appeals court ultimately found that the trial court had misread or misinterpreted the relevant paper work!
• So the court reversed and remanded for a new trial.
• Do you think this is fair?
• Is interpreting a contract the duty of an appellate court?
• Should they stick to just analyzing the laws of West Palm Beach?

Want to learn more?

Check out the entire case by clicking here.