Are you a defendant in a case involving Florida probate litigation? Any Florida trust lawyer is going to tell you, make sure they prove their case. What does that mean though? To learn more check out this recent appeal from the Fourth District Court of Appeal.
Proving the Case in West Palm Beach
- Estate lawyers in Florida know that a law suit is about evidence and proving that evidence.
- Those that specialize in litigation, namely. probate litigation attorney know that evidence is not as simple as showing it to the jury.
- You have to introduce items into evidence and there are specific rules for doing so.
- Do you know them?
- If not, you probably want to talk to a Florida probate lawyer rather than risking it alone.
- Florida estate lawyers know the common pieces of evidence that end up in a probate lawsuit and know the Florida Rules of Evidence that allow such items into the Court’s record.
- Probate attorneys Florida know that failure to include this evidence can be fatal to the case.
- Even if the jury buys your facts… guess what… the other side will win on appeal!
- Florida estate attorneys will simply appeal an adverse judgment that is not based on facts and evidence.
- Want to see what I am talking about?
- Check out this recent appeal from West Palm Beach’s Fourth District Court of Appeal.
Iain v. Bank of New York Mellon
- This was a foreclosure case against a rather well known and large bank.
- You would expect that the bank’s lawyers could do these foreclosures with their eyes closed.
- They probably do a few hundred a month.
- So what happened here?
- One of the bank executives failed to properly state the facts needed in evidence to win the case.
- Although the trial judge handed down a judgment in the banks favor it did not last very long.
- On appeal the Court noted the flaws in evidence and reversed the order.
- Now they are back in Court.
- Do not let this be you, you do not want to pay to litigate twice.
- After all a retrial is not just repaying your lawyer, you also have to repay all your expert witnesses and court reporters etc.!
- Want to learn more about what it means to bring facts into evidence in West Palm Beach probate court?
Check out the entire decision by clicking here.
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