Was your case dismissed in Florida probate court without you knowing? This may be grounds for an appeal. You have a right to due process which may include the right to a hearing. Want to appeal a dismissal without due process? Check out this recent case and talk to a Florida probate lawyer about your rights on appeal before it is too late!
Right to a Hearing
- In many cases you have a right to a hearing.
- Florida probate judges cannot just dismiss your case without at least giving you or your probate attorney Florida a chance to be heard.
- Do you know why?
- Both the Florida and Federal Constitution protect your rights to due process which includes a right to be heard.
- So you and your Florida estate attorney may be able to appeal.
- Do you know how long you have to file a probate appeal in Florida?
Appeal of Probate Orders
- Florida probate courts do not reward those that sleep on their rights.
- What does that mean?
- It means probate lawyers in Florida may have as little as thirty days to file your appeal.
- That is not a long time!
- What else do Florida will contest lawyers need to worry about?
- Check out this recent appeal to learn more.
Wells Fargo v. Gonzalez et. al.
- This was an appeal from a standard foreclosure case.
- So what does this thing have to do with Florida probate litigation?
- Here the bank was appealing the fact that the case was dismissed without their consent on a defense that was not plead in the action.
- What does that mean?
- In plain terms it means they were ambushed and unable to prep to argue that defense.
- This is an affront to their due process rights under the law and is grounds for a reversal.
- Do you agree?
- What could the trial court have done differently?
Want to learn more?
Check out the entire case by clicking here.
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