It seems that every now and then, after someone involved in probate litigation Palm Beach wants to set aside a judgment. Do you know how to set aside a final judgment after a Florida estate lawsuit? A December 10, 2014 Palm Beach appeals case, NOT, a probate litigation case, gives an explanation of seeking relief from a final judgment under Florida Rule of Civil Procedure 1.530(a).
Probate Litigation: no more “gotcha” games ?
- Any probate litigator West Palm Beach who has tried cases for the past 10-20 years inPalm Beach County probate courts knows that the probate judges bend over backwards to give everyone their day in court
- That doesn’t mean that the probate court in Palm Beach Gardens, or Delray or West Palm Beach will agree with your estate litigation law firm
- But one thing is true: if you have a probate litigation matter in Palm Beach County, you will definitely be given an opportunity to present your case, your side of the story, you will be heard and you will get a probate Palm Beach trial if you want one
- The appellate courts in Florida are increasingly trying to get away from victory or loss by “technicalities” which cause a litigant to lose or win based on an un-intended mistake or boo-boo
- Are Florida’s appellate courts saying “No more “gotcha” lawyering”? pretty much. It seems that the Florida courts want the probate lawyers Palm Beach Gardens to get in the ring at the sound of the bell and make your case: get in and mix it up and the probate court will tell you who wins and loses.
- A December 10, 2014 Palm Beach appeals case gives you a blueprint or roadmap forsetting aside a final judgment under Florida Rule of Civil Procedure 1.530
Setting Aside a Final Judgment in Palm Beach Lawsuits
- Setting aside a final judgment in Florida lawsuits under 1.540 may be done based upon mistake or excusable neglect
- Here is the pdf or link for this Palm Beach appellate case: http://4dca.org/opinions/Dec%202014/12-10-14/4D13-4590.op.pdf
- The 4th District Court of Appeal gives you solid legal analysis and defines “excusable neglect” under Florida law
- To learn more about Florida’s Excusable Neglect Doctrine, read the link
- Oh yes, for your probate litigation law firms out there, remember to have the proceeding declared adversary under the Florida Probate Rules 5.025