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Florida Temporary Injunctions, Divorce, and Inheritances

Uncategorized Aug 1, 2019

Do you know what a temporary injunction is? When can you request an injunction in your Florida inheritance or divorce lawsuit? Did you know that an injunction can sometimes be used to stop a trustee from acting without Court permission? Are you entitled to an injunction from the probate court in West Palm Beach? You may want to read a recent Fourth DCA opinion, Olson v. Olson.

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Summary Judgment and Florida Lawsuits. Where are the Affidavits?

Uncategorized Jul 26, 2019

A recent case, the Schwartz case, was just handed down by the Fourth District Court of Appeal, that’s the Palm Beach Appeal’s Court. It upheld a reform Judge, David Franch’s opinion at the trial level about a dismissal based on summary judgment. Summary judgment is where you go to the judge and you say, “Hey, we don’t need a trial, there’s no material disputed facts and I’m entitled to judgment as a matter of law.” That’s the one area where you’re allowed to, or one of the few areas where you’re allowed to file affidavits. In this Schwartz case, no affidavits were filed on the other side. In a motion for some rejudgment, one of the best practices is, and indeed the rules permit you, to file affidavits to provide countervailing evidence or countervailing testimony about the disputed facts. So, if you’re involved in a summary judgment matter, you want to file affidavits. If somebody isn’t filing affidavits, you can read more about the Schwartz case, March 6th 2019; go to the Fourth DCA website, click on Opinions and scroll down by date.

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Contesting a Florida Will

Uncategorized Jul 26, 2019
post about Contesting a Florida Will

What is a will contest in Florida? What can I do if I think that a West Palm Beach will is invalid? How do I dispute a will that I believe was executed due to duress or undue influence? What type of lawyer do I need to hire to contest a Florida will? How do I know if I should bother contesting a will or trust in Florida? Will Contests in Florida A will contest is an objection raised against the validity of a will. If you believe that a will is invalid, you can hire a Florida estate litigator to contest the will on your behalf. Will contest lawsuits take place in probate courts in front of a probate judge. In order to determine whether you have a strong will contest case, you should consult with an experienced probate litigation lawyer. Hiring the Right Will Contest Lawyer Probate lawyers and trust attorneys know that, to contest a will or trust in West Palm Beach, you first want to make sure that you have a strong legal team representing you. The probate attorney that you choose should have years of experience. In addition, make sure to choose a probate lawyer with plenty of TRIAL experience. Many Florida probate lawyers do not litigate or go to trials. Instead, they focus primarily on writing wills and trusts or administering them. Reasons to Contest a Florida Will At Pankauski Hauser, we are frequently hired to contest wills and Palm Beach trusts. You may […]

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Why Should I Create an Estate Plan?

Uncategorized Jul 25, 2019
post about Why Should I Create an Estate Plan?

How does dementia affect probate litigation? How does dementia affect a revocable trust?  Why is it so important to meet with your Florida estate planning attorney to draft a will or trust? How can a Florida estate plan help you to avoid a guardianship? How can a solid estate plan help you if you suffer from dementia or Alzheimer’s? Why should I create an estate plan in Florida? What do probate litigators and guardianship lawyers need to know about dementia? How can dementia affect an estate?

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Florida Deceptive and Unfair Trade Practices Act

Uncategorized Jul 25, 2019

Are you involved in a consumer transaction and somebody has been unfair or deceptive with you? Well, Florida has a law that you may be able to take advantage of. It’s called FDUTPA. And a very recent appellate opinion from Florida’s Fourth District Court of Appeal talks all about this. And if you are interested in consumer litigation or deceptive trade practice litigation, you want to read this opinion. It’s the Stewart Agency Incorporated v. Arrigo Enterprises that was handed down March 6th 2019. You can read the opinion for free by going to the Fourth DCA website, click on Opinions, scroll down to the date and then search by party name.

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Pretermitted Spouses and Probate Lawsuits

Uncategorized Jul 16, 2019
post about Pretermitted Spouses and Probate Lawsuits

What is a pretermitted spouse? What should trust and estates attorneys in West Palm Beach know about pretermitted spouses? If your husband wrote his Florida will years before he met you, you may want to read Florida Statute 732.301.

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Florida Probate Litigation: Unjust Enrichment Claims

Uncategorized Jul 15, 2019
post about Florida Probate Litigation: Unjust Enrichment Claims

What is an unjust enrichment action? When can a West Palm Beach probate lawyer bring an unjust enrichment claim? What should Florida trust attorneys know about unjust enrichment claims? Are these claims common in probate or guardianship lawsuits? To learn more about unjust enrichment claims, you may want to read a November 21, 2018 Fourth DCA opinion, Southern Specialties Inc. v. Farmhouse Tomatoes Inc.  

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Dismissing a Florida Lawsuit for Lack of Prosecution

Uncategorized Jul 15, 2019

You know, if somebody files a lawsuit in Florida and they don’t do anything, they just can’t sit on it, it might be dismissed under rule 1.420 (e) for lack of prosecution. That rule sets forth the guidelines and criteria for when a matter, a lawsuit can be dismissed when there is no record of activity. Now, rule 1.420 (e) is under the Florida rules of Civil Procedure, different than the probate rules, but if you want to learn more about a lack of prosecution defense or a lack of prosecution motion to get rid of a case, you can read a very recent appellate opinion, NRG Investment Partners. It is a 2017 appeal that was decided on March 6th 2019 by Florida’s Second District Court of Appeal. You can go to the Second DCA website, click on Opinions, scroll down, and read about this particular legal issue.

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Voluntary Dismissal of a Florida Lawsuit the Court’s Jurisdiction Ends

Uncategorized Jul 15, 2019

Are you involved in a Florida lawsuit? You know many times, beneficiaries, trustees and personal representatives of estates file lawsuits. Sometimes, the people negotiating, talking or realizing there’s a different place to sue somebody or that they have different causes of action, for whatever reason they’ll dismiss their case sometimes, and dismissal in Florida of your Florida lawsuit can be with prejudice or without prejudice. Most of the times, plaintiffs don’t want to dismiss with prejudice, they dismiss without prejudice. So, what happens when there’s a dismissal without prejudice? Is the court then prohibited from doing anything else in that matter because it’s lost jurisdiction? To read more about this Florida litigation topic, consider a March 6th 2019 case from Florida’s Second District Court of Appeal, the Carlton case. You can read more about this opinion online at the DCA website, where the appellate court discusses more about the jurisdiction of a court when a voluntary dismissal has been filed.

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An Order Dismissing a Florida Lawsuit with Prejudice

Uncategorized Jul 15, 2019

Are you involved in a Florida lawsuit? If you are, sometimes a side will dismiss a matter without prejudice, sometimes they’ll dismiss the matter with prejudice. Sometimes is an order from a court dismissing a matter with prejudice. There is a recent case from Florida’s Third District Court of Appeal called the Lanson case. That’s from March 6th 2019 and what it stands for is the proposition that an order dismissing a lawsuit with prejudice is a final order; that means to appeal that matter, you’ve got 30 days.

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