Florida probate lawyers know that failure to appear at a hearing could result in dismissal. Can you appeal such a sanction in Florida probate litigation? A recent appeal from the Second District Court of Appeal shows Florida estate attorneys the standard for such a harsh sanction. Want to learn more?
Dismissal for Failure to Attend
- Estate lawyers in Florida know that appearing on time is important.
- Even showing up late for a hearing in probate court could result in the other side getting a decision in their favor.
- Probate attorneys Florida know that these harsh sanctions can only be applied if certain findings are made by the Court.
- Do you know what those findings are?
- Florida estate attorneys may be able to appeal these kinds of decisions.
- Do you know how?
- There are strict time limits for appeals from the probate court Florida.
- You may have as little as thirty days to get the relief you are entitled to.
- Florida courts do not reward those that wait.
- Check out this recent appeal from the Second District Court of Florida.
- What does this have to do with estate litigation in Florida?
Jenkins v. All-State
- This was an appeal from a breach of contract action in Florida.
- So what does it have to do with Florida probate litigation?
- The case here was about the fact that the insurance company had allegedly failed to honor its side of an insurance contract.
- The case was on its way to trial and thus a pretrial conference was held and the plaintiff’s attorney did not show up!
- Is that considered legal malpractice in Florida?
- Either way the trial court dismissed the action as a result.
- On appeal though the Plaintiff’s lucked out because the Court Order lacked certain necessary language in the Order.
- Do you know what that language was?
Want to learn more?
Check out the entire case just click here.
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