Has one of your siblings been granted a guardianship over your adult parents and now you are concerned about abuse of assets? Are you worried they are going to transfer valuable real estate to themselves? If you can prove irreparable harm then you may be entitled to an injunction in West Palm Beach civil court. Are you prepared to file for an injunction? Check out a recent case out of the Fifth District Court of Appeals.
Injunctions
- An injunction is a remedy whereby a court orders someone to do or not do something.
- An injunction can be sought as the remedy in a Palm Beach lawsuit but also it could be apreliminary injunction sought to prevent the defendant from selling or transferring the property that is subject to dispute.
- In order to be eligible for an injunction you will have to show that there is no other way to protect your rights and that these rights need to be protected as a matter of public policy.
- Do you know how to appeal to a West Palm Beach judge that your problems are one of public policy importance?
- You will also have to show the key element of irreparable harm do you know how to do that?
- One common reason irreparable harm can be proven is the selling of real estate, that’s almost impossible to undo especially when the property goes to a good faith purchaser for value.
- One thing though, you will have to put your money where your mouth is.
- Experienced Palm Beach probate litigators know that an injunction in Florida requires a bond of 10% the damages it could cause to the other party!
- Unfortunately in Florida courts this bond is not waive-able, but it can be in Federal Court.
- Do you know how to transfer your West Palm Beach civil case to the Federal Courts to waive the bond requirement?
Bristow v. Bristow
- The Fifth District Court of Appeals recently dealt with a case regarding another form of an injunction for repeat domestic violence.
- In West Palm Beach a victim of domestic violence can petition the Court for an injunction to prevent further harm.
- In this case though the Petitioner was unable to prove grounds for the injunction – i.e. repeat violence and fear of harm.
- Why were the grounds not supported?
- The Petitioner lived in Ohio and the Respondent was presently incarcerated.
- Do you know how long these injunctions last?
Want to learn more about pursuing an injunction to protect your West Palm Beachinheritance?
Check out the entire case by clicking here.