How can a West Palm Beach trustee get a case dismissed? Beating litigious beneficiaries.

Is a beneficiary in West Palm Beach currently suing you in your capacity as  trustee? Experienced Palm Beach probate litigators know that you may be able to get the case thrown out before the jury is even summoned. It may be time to file a motion to dismiss or motion for summary judgment. If you want to learn about motion practice in West Palm Beach you may want to check out this new case from the Fourth District Court of Appeal that was filed today. 

Motions to Dismiss

• Have you ever heard of a motion to dismiss?
• Chances are this term has been thrown around during some legal drama you watch.
• But what does it actually do?
• A motion to dismiss tests the legality of a claim by asking if everything that is alleged was true, would the claim survive?
• Often times a litigant throws everything at you knowing that several of the claims are unfounded.
• This is a perfect way to get those claims thrown out and to simplify the issues in West Palm Beach probate court.
• You may even be able to get the entire case thrown out this way.
• Do you understand how the Court is going to judge the merits in West Palm Beach?
• A motion to dismiss assumes everything in the West Palm Beach complaint (lawsuit) is true.
• Based on that assumption the Court will evaluate if the claim would be successful.

Motion for Summary Judgment

• Motions for summary judgment are another way to avoid the jury while still getting the relief you expect.
• In this case you are going to establish the evidence to the Court there is no assuming anything is true.
• Do you understand the limits of these motions in West Palm Beach?
• Check out this case to learn more.

Flite v. Medi-Trans, Inc.

• This was an appeal following a successful motion to dismiss by the defendant.
• The appeals court noted that in ruling on the motion to dismiss the trial court had actually looked beyond the pleadings.
• This is not proper in a West Palm Beach motion to dismiss, that is something that might come up at summary judgment though.
• Do you understand motion practice well enough to handle your own case in West Palm Beach?

Want to learn more?

Check out the entire case by clicking here.