Do you know what a writ of mandamus does? This is an interesting order that you may be able to get from the appellate court that orders relief by telling the trial court what to do. Did you know the court can order another court on what to do in your West Palm Beach probate lawsuit?
Writs of Mandamus
- Have you ever heard the term writ of mandamus?
- These writs “mandate” the lower court to act in conformity with what the appellate court said to do.
- Isn’t that what all appellate court orders do?
- Not necessarily, some uphold what the trial court did and some reverse their findings, but they do not all tell them to do something.
- Who issues a writ of mandamus in West Palm Beach?
- Any appellate court in Florida can issue such a writ to the appropriate trial courts.
- That means you may need to go to the Fourth District Court of Appeal but there are also appeals done at the Circuit level for County issues.
- Do you know where to appeal a decision from the West Palm Beach probate court?
- The probate division is part of the Circuit Civil system which means you probably belong in the Fourth District Court of Appeals.
- Do you know what the standard is to prove you are entitled to a writ of mandamus?
- What do you have to put into yout petition (which is a lot like a motion) to get the relief you want?
- Experienced Palm Beach probate litigators know when they are entitled to a writ of mandamus and how to get them.
- If you are going it alone thus far, it may be time to consider help if you want to sucessfully appeal.
Matamoros v. Infinity Auto Ins. Co.
- The petitioner in this matter was the plaintiff in the action below.
- He wanted relief from the appellate court that ordered the trial court to hear his motion to a rehearing.
- Do you know when its appropriate to have a motion for rehearing?
- What happened here was the trial court refused his request for a rehearing so he had toappeal to the Fourth District Court of Appeal.
- The petitioner was able to get his rehearing and a writ was issued.
- Are you prepared to go and get a victory from the West Palm Beach appeals court to get the hearing you deserve?
Want to learn more about this interesting case?
Check out the entire case by clicking here.