Have you filed a case in West Palm Beach probate court and forgot about it? Did you know that your case could be dismissed for failure to prosecute? Do you know what that means and how to avoid this problem? Check out the following case out of the Third District Court of Appeal to see how to reverse such a fatal flaw.
Dismissal for Failure to Prosecute
- Courts have limited resources and expend valuable resources to hire clerks that maintain the files.
- The Court is not going to let your Palm Beach will contest sit on the records for years, this costs money.
- In Florida if you do not file anything in a case for over ten months a notice will be entered on the court docket.
- If you fail to act within 60 days or two months the case will be dismissed for failure to prosecute.
Wells Fargo Bank, N.A. v. Alvarez
- Dismissal for Failure to Prosecute is grounded in fair notice.
- Lack of fair notice will reverse such a dismissal, is your Palm Beach probate litigator prepared to reverse?
- The Third District Court of Appeal had an interesting case this week where it was forced to evaluate the sufficiency of notice.
- A notice of lack of prosecution was entered into the docket on December 12, 2013 and the rest of the proceedings were initiated around this date.
- Actual notice however did not occur because the notice was not given to the parties until January 10 of the next year.
- Do you know when your notice was served?
- Experienced Palm Beach probate litigators know that these dates are crucial to showing that you were not on notice for ten months.
- Do you know how to set aside such a dismissal?
Want to learn more?
Check out the entire case by clicking here.