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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