Do you know what a transfer of venue is? If you are serving as a West Palm Beach trustee you may be faced with probate lawsuits from all over the State of Florida, or even the country! You may have a right to move those cases to your own backyard though. Check out this recent case out of the Second District Court of Appeals to learn more.
Venue
- Do you know what venue means?
- The venue of a Court is pretty much where it sits.
- In other words while there are Federal and State Courts throughout this country a party may be obliged to file their action in one specific location.
- This is common when there is a written agreement like a will or trust charter.
- It only makes sense that a trustee should not have to litigate all over the world simply because a beneficiary is located there.
- Even worse if beneficiaries could simply relocate to the most convenient jurisdiction based on their laws, there would be non-stop frivolous litigation!
- That is not good for anyone so there are strict rules when it comes to venue in West Palm Beach.
- Do you know the rules?
- You may be entitled to move that lawsuit to your own backyard, rather than across the State.
- If you think this applies to you, talk to an experienced Palm Beach probate litigator today!
- Check out this recent case to learn a little bit more about venue.
Vinsand v. Vinsand
- This was an appeal to the Second District Court of Appeals regarding a divorce (dissolution of marriage).
- The parties had both moved far away from Florida, one to Iowa the other to North Dakota.
- For some reason though the trial Court refused to grant the Motion to Transfer Venue.
- On appeal the Court noted that it was improper to deny that motion.
- Now he will get to retry his divorce in another State.
- Do you think you are entitled to a Motion to Transfer Venue?
- Have you discussed this with your probate attorney?
Want to learn more about transferring the venue of your probate lawsuit?
Check out the entire case to learn more, just click here.