Are you involved in a probate lawsuit in West Palm Beach? Has the other side filed a motion for summary judgment? You may be able to hold the Court off if there is important discovery pending. Want to know how? Check out this recent case out of the Third District Court of Appeals.
What is a Motion for Summary Judgment?
- Summary judgment allows the Court to decide your case without the jury!
- Is your will contest subject to a motion for summary judgment in West Palm Beach?
- Did you know this could spell the end of your case if the facts are not in your favor?
- There are two good ways to keep that motion from winning the day.
- First you can show a factual dispute.
- Second you may be able to show that discovery is pending that would change the facts as they stand.
- Do you understand what discovery is in West Palm Beach?
- Are you prepared for the hearing on a Motion for Summary judgment?
Fernandez v. Florida A & G
- This was a case centered around a work place accident but the lessons also apply to probate lawsuits in West Palm Beach.
- A worker was suing his employer for an accident and he lost at the trial level on a motion for summary judgment.
- One just dissented on appeal to the court upholding this decision.
- Do you know why?
- Because discovery was not complete.
- This case shows merely not having discovery complete may not be enough to keep a motion for summary judgment from being decided.
- Do you think that is fair?
- Should the West Palm Beach probate court be able to decide a case before they have all the facts?
- Before you decide, get all the facts.
Want to get all the facts and learn more?
Check out the entire case by clicking here.