Florida probate lawyers know that you have a right to a fair trial. That includes a fair, impartial probate judge. What happens when the judge is clearly prejudiced against one side? Experienced probate attorneys Florida may need to file a motion to disqualify the judge. Want to learn more? Check out this recent appeal focused on a motion to disqualify the trial judge.
Disqualifying the Probate Judge
- Probate attorneys Florida know that the remedy of disqualification should be used sparingly only when necessary.
- That being said sometimes even the most experienced probate judges can have a bias.
- When that happens it may be necessary to move for disqualification in the Florida probate litigation.
- Do you know how to file a motion to disqualify the probate judge?
- These motions are slightly different than most others that can be filed during Florida estate litigation.
- Do you know why?
- Keep in mind there are many considerations when moving for a disqualification.
- Like what?
- Keep in mind if you lose, that same judge may be even more slanted against your interests.
- Are these types of orders appealable?
- Check out this recent appeal to learn when and how you can appeal a motion to disqualify the probate judge in Florida.
Molina v. Perez
- This was a marriage dissolution case (i.e. divorce) that centered around a motion to disqualify.
- The trial judge had made off handed remarks about the merits of the case and the wife was concerned about her right to a fair trial.
- Florida probate attorneys know this is a reasonable concern.
- As I said before, you have a right to a fair trial, and that includes an impartial judge.
- Those off handed remarks may seem like no big deal to an onlooker but cases like this could make or break someone’s entire life and that is serious.
- Do you know what comments could lead to disqualification?
- What is the probate court supposed to look at when evaluating a motion to disqualify?
Want to learn more?
Check out the entire case by clicking here.
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos: http://www.pankauskilawfirm.com/Firm-Overview/FAQS.shtml