Florida probate litigation when it gets to trial can get very heated and intense. Sometimes just one question being posed could be error that results in a mistrial from the probate court. Do you know what that means? Check out this recent case out of the Third District Court of Appeal to learn more. Florida estate litigators need to remember to preserve the issue on appeal.
Mistrials
- Do you know what a mistrial is?
- Florida estate lawyers know a mistrial is when there is such a big error in the trial that it has to start over.
- What makes it a mistrial?
- Normally if one Florida probate lawyer makes a mistake or asks an improper question the Court will just strike that testimony.
- The other sides Florida probate attorney will then ask for something called a curative instruction that tells the jurors to disregard that statement.
- Sometimes though that is not enough.
- Many Florida probate attorneys feel that once the jury hears it there is little they can do to “unhear” it.
- So what is next?
- Probate attorneys Florida may be able to move for a mistrial.
- This allows the Florida will contest to start over.
- Remember though, if that motion is denied and you want to appeal later you have to preserve the record.
- Check out this recent case to learn more.
- What could a Florida will contest lawyer done here to preserve the issues better for appeal.
Aris v. Applebaum
- Here one of the lawyers made a clearly inappropriate question and the Court issued a curative instruction.
- The lawyer did not move for a mistrial though.
- Florida probate lawyers know you have to preserve the issues for appeal, and part of that is objecting and using the resources you have.
- The appeals court cannot remedy something you do not preserve.
- How do Florida probate lawyers preserve the issues on appeal?
- Does failure to preserve the issue constitute malpractice?
Want to learn more?
Check out the entire case by clicking here.
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