Guardians Challenge Re-Opening of 6 Year Old Ft. Lauderdale Lawsuit
Can you re open a Ft. Lauderdale lawsuit which is 6 years old? A Palm Beach lawfirm wanted to re open a lawsuit regarding a Florida charging lien issue. The Guardians objected and sought a write of prohibition–asking Palm Beach’s appellate court to prohibit the trial court in Ft. Lauderdale from taking action. Although this is not a probate case, Palm Beach heirs and those involved in a Palm Beach probate may want to read this: considering that it is very common that Palm Beach estates get closed “administratively” and sometimes Palm Beach probate lawyers need to re-open estates.
Trial Court Denied Guardians’ Motion to Strike or Dismiss
- The Ft. Lauderdale guardian objected to re opening the case
- The guardian filed a motion to strike or dismiss the charging lien
Trial Court Without Jurisdiction: Petition Granted
- Charging lien was filed 2 years after jurisdiction ended
- Final judgment was entered
- the final judgment did not reserve jurisdiction to deal with attorneys fees or charging liens
- Petition for write of prohibition granted
Q: Want to read the entire opinion?
A: Here is the link to Palm Beach’s 4th District Court of Appeal and their May 7, 2014 opinion: http://4dca.org/opinions/May%202014/05-07-14/4D13-3733.op.pdf
If you are involved in attorneys fees issues in Palm Beach probate court or need to re-open a lawsuit or an estate, consider whether a final judgment was issued or not and under what circumstances you may re open the case or argue your point.