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Fourth DCA Case: What is a Motion to Bifurcate?

Uncategorized Oct 9, 2015
post about Fourth DCA Case: What is a Motion to Bifurcate?

Has the other side filed a motion to bifurcate in your probate lawsuit?  Do you know what that means? A motion to bifurcate can be appealed to the Fourth District Court of Appeal to keep your case in one piece. Check out this recent case where the Court reversed a motion to bifurcate. Are you prepared to have your case made into two trials? Is that fair?

Motions to Bifurcate

  • What is a motion to bifurcate?
  • A motion to bifurcate is a motion that asks the Court to split the trial into multiple parts.
  • Why would someone want to do this?
  • Maybe they want to drive up your bills because they know how expensive your attorney is.
  • Maybe they want to separate the issues because they are worried their defenses are inconsistent.
  • The reasons are numerous and largely irrelevant, the question is can you defeat the motion.
  • Often times attorneys use these to draw out the issues and make your life harder than it has to be in West Palm Beach.
  • Do not let the other side abuse you just because they are a big trust company. 
  • Do you know how to beat a motion to bifurcate?
  • Check out this recent case out of the Fourth District Court of Appeal to learn how you can reverse a motion to bifurcate.

Fortin v. T&M Lawn Care, Inc.

  • The petitioner in this case wanted certiorari review of a non-final order that bifurcated the trial.
  • The appellate court noted that the bifurcation served no legitimate purpose and that granting it was improper.
  • They noted that the only thing the bifurcation really did was make Plaintiff’s case more difficult to put on.
  • That is the problem with a lot of these motions, they may be used to harass rather than to promote judicial efficiency.
  • Are you sure that the motion in your case should have been granted?
  • Do you know how long you have to appeal?

Want to learn more about motions to bifurcate trials in West Palm Beach?

Check out the entire case by clicking here.