How Can I Get My Probate Case Out of Monroe County and Into West Palm Beach? Try a Motion to Transfer Venue.
Do you want to transfer a West Palm Beach lawsuit to another jurisdiction? Do you know how totransfer venue to another Florida Court? What if you want to transfer the case out of the country? Know the rules and perfect your case. Check out a case out of the Fourth District Court of Appeals where one party forgot to follow the rules and paid dearly as a result.
Motion to Transfer Venue
- A motion to transfer venue tells the West Palm Beach court that it might be better to move the case.
- Why would that be necessary?
- Maybe the witnesses are all outside of West Palm Beach.
- Maybe the personal representative is in Pompano Beach but all the Florida real estate is up North.
- If your motion to change venue is denied you can appeal immediately to the Fourth District Court of Appeal.
- What if you want to transfer to a Court in another country?
Forum Non Conveniens
- Sometimes probate should really be done in another country.
- Maybe all of the property are foreign accounts or foreign real estate.
- Then you would want to file something called a motion to dismiss for forum non conveniens.
- In this action the court can actually dismiss the case so you can re-file in a “better” jurisdiction.
Stamen v. Arrillage
- In this case the appellant was appealing because his motions to transfer venue and to dismiss for forum non conveniens were both denied.
- Ironically the Court said it would not even consider the motion to dismiss because they failed to verify the motion or attach affidavits.
- Do you know how to verify a motion in West Palm Beach?
- Experienced West Palm Beach probate litigators know how to use motions on venue to make litigation winnable and lower expenses.
- Do you know where the witnesses are?
- Do you know where the evidence is?
Want to learn more about how to transfer venue into or out of West Palm Beach?
Check out the entire case and make sure you get it right by clicking here.