Litigating Appeals In Florida: Personal Jurisidction and Subject Matter Jurisdiction

Florida probate lawyers, indeed those Florida lawyers who handle litigation of wills, trusts, estates and inheritances often find themselves in the civil division of our Florida judicial districts in Miami Dade County, Broward County and Palm Beach County, Florida.  The probate division of our Florida courts typically handle administration and litigation of Florida estates and trusts.  That does not mean, however, that our civil division does not, or cannot, handle lawsuits involving Florida trustees or Florida personal representatives.  To the contrary, the civil division of our courts in Palm Beach regularly handle lawsuits with a Florida trustee or a Florida personal representative as a plaintiff or defendant.  Many times, a trustee or personal representative of a Florida estate must enforce its rights, or the rights of Florida beneficiaries, by suing someone or seeking relief from a Broward County court. Same in Miami Dade County.  Did you lose an issue?  Need to appeal?  ……Not so fast.  Some Florida court rulings or orders may not be appealed until the conclusion of the matter, while some may, or must, be appealed right now.   Generally, a Florida court ruling which is non final is not “appealable” until the conclusion of the Florida lawsuit   (There are some notable and important exceptions in the Florida probate and Florida estate and Florida guardianship arenas.) Some matters, however, may be appealed during the Florida lawsuit   A recent case out of Hillsborough County, Florida reminds probate litigators and trial attorneys  that an order on personal jurisdiction is a non final, “appealable” order; an order on whether a Florida court has subject matter jurisdiction over a cause of action is not a final order when entered, but must be appealed at the conclusion of the litigation. What’s your appeals strategy?  Advocate hard. Litigate smart.