Just because you lost the war does not mean you need to lose every battle. Have you recently been found liable for damages in West Palm Beach civil or probate court? Are you worried that the court improperly calculated damages? You may be able to have the court rehear the damages and to get that number reduced. Want to see how? Check out this recent case out of the Fourth District Court of Appeal.
Damages
- “Damages” is just a fancy word for the money that the West Palm Beach court is going to award the prevailing party.
- Has someone been awarded damages in a lawsuit against you?
- How much money do you stand to lose?
- You may be able to appeal a decision not just on the law but also on the amount of damages.
- West Palm Beach trial courts spend years sometimes figuring out who is liable to whom but then the time comes to actually calculate the damages and they drop the ball.
- Damages should be certain to a reasonable degree, are they completely made up?
- In other words Courts do not like speculative damages.
- Has the other side been awarded something like potential lost profits or lost dividends?
- That sounds very speculative to me.
- What are you going to do about an award for improper or speculative damages?
- Experienced West Palm Beach probate litigators know that these are grounds for an appeal.
- Check out this case out of the Fourth District Court of Appeal.
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D. v. State of Florida
- This was a juvenile delinquency appeal to the appeals court in and for West Palm Beach.
- A child had been adjudicated after a robbery and was ordered to pay restitution which is a lot like damages.
- On appeal the court noted that the damages / restitution were speculative and that the trial court erred in awarding them.
- You may be able to appeal damages on similar grounds.
- Has the court awarded huge amounts of damages after you allegedly breached trust or other fiduciary duties?
- You may be able to fight it!
Want to learn more about appealing damages in West Palm Beach?
Check out the entire case by clicking here.