Jury Trial in Estate Lawsuit ? Have You Read this Case ?
Are you involved in a Palm Beach County inheritance lawsuit? You family members, next of kin and Palm Beach estate beneficiaries who had your inheritance interfered with may want to read this case. Why ? It shows you what can happen in your Palm Beach probate lawsuit even if the jury finds in your favor: a Palm Beach court can reduce your jury award & damages.
A recent appeals case from Palm Beach demonstrates the Florida legal concept of remittitur–where the judge reduces the jury’s damage award. That’s bad news if you are a plaintiff in a trust lawsuit or Palm Beach inheritance lawsuit. Why? (read on).
If you filed a tortuous interference with an inheritance lawsuit in Palm Beach County, your Palm Beach inheritance lawyer may want to take note.
Recent Case
Board of Broward County v. Alexander is a March 19, 2014 opinion from the 4th District Court of Appeal. Here’s the link to the opinion: http://4dca.org/opinions/Mar%202014/03-19-14/4D11-4808.op/pdf
The 4th District Court of Appeal sits in West Palm Beach, Florida and hears probate appeals and inheritance appeals for:
- Palm Beach County
- Broward County
- Martin County
Tortuous Interference with an Inheritance or Expectancy
Why does this even matter?
Q: Aren’t most Palm Beach probate lawsuits decided by a judge and not a jury?
A: Yes……….unless you or the party you are suing DEMANDS a Florida jury trial.
Fraud and Torts: Why Probate Litigators Like Juries
Most Palm Beach probate litigators, and Ft. Lauderdale estate litigators, consider filing an inheritance lawsuit known as: tortuous interference with an inheritance. This is also known as tortious interference with an expectancy.
Many times, probate litigators demand a jury trial.
Generally, in Palm Beach lawsuits, a tort claim or a fraud count gets you a jury trial.
So, if you prove damages in your Palm Beach tortuous interference trial, and if the jury loves you………..the last thing you want is the judge undoing what your jury did. (Read the case.)