How Can I Appeal a West Palm Beach Probate Injunction?

Uncategorized • Dec 25, 2015

Often in Florida probate litigation the Florida trust lawyer writes the orders for the judge to sign after an evidentiary hearing. Estate lawyers in Florida know the importance of writing a good order especially for certain remedies like injunctions. If the other side has written a facially deficientorder you may be able to appeal. Do you know how to appeal a probate court order in West Palm Beach? Check out this recent Florida appeal to learn more.

Injunctions

Probate litigation attorneys know that you have to prove four things to get a valid injunction in Florida.
Injunctions are court orders that stop people from doing specific actions.
Estate lawyers in Florida have to be careful when a probate judge asks them to write an order because failure to include specific language could spell disaster on appeal.
Do you know what the Florida probate attorney needs to include in the order to avoid appeal?
Probate attorneys Florida need to include specific factual findings to get an injunction, plain conclusory legal terms are not going to do it.
Florida estate lawyers should take the time to carefully craft these orders, you do not need to draw them up the day of the hearing.
Rather than rushing, how about doing it right?
Although not everyone appeals, because it is expense Florida estate attorneys should be wary of appeals that can occur.
Check out this recent Fifth District Court of Appeal decision to see what I am talking about.

Dickerson v. Senior Home Care

This was an appeal from an injunction in Florida.
The thing to remember here is that the parties were not appealing because of some legal argument; they basically said the judge’s order did not have the proper language.
Now the side that won has to go jump through a ton of hoops to get a new order.
They may even have to sit for a whole new evidentiary hearing.
Think about that, all because they rushed drafting the order.
What needs to go into a good order in West Palm Beach probate court?
It depends on what the order is for.
Certain things need factual findings by the judge but others do not.
How can you be sure which is which?
Talk to an experienced probate litigation law firm in West Palm Beach to learn more.

Want to learn more?

Check out the entire case by clicking here.

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