How Can a Summary Judgment Hearing Take Away Your Jury Trial in Palm Beach Probate Court

Do you know how a Motion for Summary Judgment is going to alter your  rights to a jury trial in a West Palm beach Florida probate litigation lawsuit? You may not have your day in front of the jury if the other side wins that motion. Check out this recent appeal from West Palm Beach to learn more aboutjury trials in probate lawsuits. 

Motion for Summary Judgment

• What is a Motion for Summary Judgment?
• Florida trust lawyers and other Florida probate lawyers use these motions to avoid a full on jury trial.
• Estate lawyers in Florida file a detailed motion that sets out the facts and how they are not in dispute and asks the judge to make a ruling.
• What about a jury?
• Probate litigation attorneys are going to try to show the judge the jury is not necessary and that the motion should be granted.

When is a Jury Necessary

• It may surprise you that a jury has a very limited role in any Palm Beach lawsuit including a probate lawsuit. 
• Florida estate lawyers know that the jury is there to decide factual issues not issues of law.
• Many times the facts are not in dispute but the legal conclusions tired thereto are hotly disputed.
• Probate attorneys Florida are in the business of getting the results they want and will do their best to show the facts the way they need them.
• This can keep the jury from interpreting those facts.
• Florida estate attorneys know that summary judgment can be a hard motion to see granted.
• Want to learn more?
• Check out this recent case out of Palm Beach appeals court.

State Farm v. Moody

• This was a case based around a homeowner’s insurance policy and a hurricane.
• There was a dispute between the insurer and homeowner about what caused damage to a home.
• This factual dispute is the kind of thing that would go to a jury, but that is something the Parties will surely contest.
• In other words one side wants to prove there is an issue of fact and the others do not.
• Is your case ripe for summary judgment and is that something you even want?

Want to learn more?

Check out the entire case by clicking here. 

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