Have you just been slapped with a judgment following a trial you did not have notice of? This may constitute a violation of your due process rights and the West Palm Beach probate court may have to redo the entire trial. Do you know how to assess your rights to fair notice, due process and other rights? Check out this recent appeal out of the Fourth District Court of Appeals to learn how Palm Beach litigators fight back against unfair judgments!
Due Process and Notice
- You have a right to be heard in Court but that right would be hollow if you had to prepare your defense an hour before the hearing.
- For that reason the probate courts in West Palm Beach (along with all other courts) have specific rules governing fair notice.
- Failure to afford you fair notice can be grounds for reversal on appeal.
- Experienced Palm Beach litigators know that going after a judgment that is just going be reversed on appeal is a waste of time, they want to give the other side notice.
- Some attorneys think that these stealth judgments are going to be upheld, I disagree.
- If you were slapped with a judgment without notice, you may have grounds to appeal.
- That being said the West Palm Beach courts are not going to reward those that sleep on their rights.
- What does that mean?
- It means you have to act quickly or you may lose the right to appeal that judgment.
- Do you know how to file an appeal in West Palm Beach?
- If not, speak to an attorney in West Palm Beach today because you may have as little as thirty days to file a notice of appeal with the appropriate court.
- Check out this recent case.
Torres v. One Stop Management
- This was an appeal from a final judgment.
- The defendants claimed that they had no notice of the final hearing and that they did not even know they were allowed to speak in Court without an attorney!
- The couple who was sued had hired an attorney but he withdrew after they could not afford his legal fees.
- After that the couple was served with multiple notices of different hearings but they were under the impression that they were powerless without an attorney.
- Please note that is not the case and that unless you are defending as a corporation or business entity you have a right to proceed pro-se!
- Anyways the final judgment was not noticed and the defendants were able to prove it.
- As a result the trial court’s judgment was reversed.
Want to learn more about this interesting appeal in West Palm Beach?
Check out the entire case by clicking here.