Miami Appeals and Injunctions
What is an appeal? When should I interview an experienced Miami appellate attorney? Can I appeal a probate order? Can I appeal a final judgment in my divorce lawsuit or business dispute? What if a Miami court tells me one thing but the official order says another? You should consider reading a recent opinion, Soldatich v. Jones to learn more.
Miami Injunctions and Adult Guardianships
Miami guardianship attorneys are sometimes hired to file a petition for injunction against exploitation of a vulnerable adult per section 825.1035 of the Florida Statutes. In addition, a Miami lawyer may be needed file other petitions for injunction if the situation deems necessary. Guardianship litigation or Miami injunction lawsuits can lead to an appeal. If you disagree with a final judgment or order, you may be able to file an appeal. It’s also important to note that, if you win your case, the other side may appeal. Therefore, it’s smart to anticipate the possibility of having to hire an experienced Miami appellate attorney.
Hiring a Miami Injunction Attorney
If you are in the process of hiring a Miami law firm to file a petition for injunction on your behalf, you may want to look for a law firm that is experienced in both litigation and appeals. In the early stages of litigation, many people fail to consider the possibility of an appeal being filed. However, as any litigator can tell you, appeals do occur.
What if you win your Miami injunction lawsuit and the other side decides to appeal? You need to make sure you have a powerful appellate attorney, who is knowledgeable about both the Florida Rules of Appellate Procedure and the Florida Statutes regarding injunctions, such as Florida Statute 825.1035. If you lose on appeal,
At Pankauski Hauser Lazarus, one of the law partners, Robert Hauser, has been named a Board Certified Specialist by The Florida Bar in Appellate Practice. This designates Mr. Hauser as an expert and specialist in appeals in Florida. Mr. Hauser handles appeals throughout Florida, including appeals in Miami Dade
Petition for Injunction Against Exploitation of a Vulnerable Adult
Unfortunately, Florida guardianship attorneys frequently see vulnerable adults, such as those with dementia, being taken advantage of by the people entrusted to care for them. If you believe that an elderly or vulnerable family member is being taken advantage of by a caretaker or “friend”, you definitely want to read Florida Statute 825.1035. This Florida statute explains how to seek an injunction to stop the exploitation.
Recent Florida Appeal Regarding an Injunction
A January 22, 2020 Fourth DCA opinion, Soldatich v. Jones,is a great example of a Florida appeal involving an injunction against exploitation of a vulnerable adult. Here, a caretaker appeals from the circuit court’s final order entering an injunction against her for protection against exploitation of a vulnerable adult.
A year after the caretaker began caring for the vulnerable adult, the family filed a petition for injunction against exploitation of a vulnerable adult per Florida Statute 825.1035.
After the circuit court reviewed the family’s petition per section 825.1035(5), they entered an ex parte temporary injunction against the caretaker. A full hearing was later held. At that hearing, the circuit court orally stated that it was entering a final injunction order without any admissions against the caregiver and without conducting an evidentiary hearing. The order was by agreement. However, the written order contained findings which did not conform with what the court had said orally. Therefore, the appellate court reversed the circuit court’s final injunction order in part and remanded for amendment of the final injunction order.
If you are involved in a Miami appeal or injunction lawsuit, call (561)514-0900 ext.101 for a free consultation.