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Under Florida Law, Can You Compel a Court to Act or Refrain From Acting?

Uncategorized Nov 30, 2018
post about Under Florida Law, Can You Compel a Court to Act or Refrain From Acting?

If you believe that a probate court in Palm Beach County is not doing something that you need them to do, you may want to consider a writ of mandamus. What is a writ of mandamus according to Florida law? Probate litigators know that you may be able to file a petition for write of mandamus with the appellate court. You should consult with an experienced probate lawyer who can help you decide whether or not you should ask for this type of relief.

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Why Should I Have a Court Reporter Present at My Florida Probate Trial?

Uncategorized Nov 30, 2018
post about Why Should I Have a Court Reporter Present at My Florida Probate Trial?

A January 4, 2017 Fourth District Court of Appeal opinion, Reid v. Guardianship of Margaret Reid, shows us just how important it is to have a court reporter present at important hearings and trials. Why is this important? West Palm Beach appellate attorneys know that having a court reporter present is important  because, if you choose to appeal, a transcript can be essential. Judges in the Fourth District Court of Appeal or other Florida courts need the transcript in order to know what went on in your guardianship or probate lawsuit in circuit court. Without a transcript, how can a judge know whether something was decided incorrectly or not?  Although some courts do record hearings, which can later be transcribed, it is always better to be safe than sorry. Request a court reporter!

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Does Florida Recognize Common Law Marriage?

Uncategorized Nov 30, 2018
post about Does Florida Recognize Common Law Marriage?

Florida does not recognize common law marriages. However, in some circumstances,  it does recognize common law marriages from other states and countries. What does this mean? If you have lived with your loved one for fifty years, yet never legally married him or her, will he or she inherit from your Florida estate if you die without a will?

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Florida Lawsuits: When is an offer of judgment invalid?

Uncategorized Nov 29, 2018
post about Florida Lawsuits: When is an offer of judgment invalid?

When is an offer of judgment invalid? Is a general offer to settle both equitable and damage claims permitted under section 769.79 of the Florida Statutes? When does section 768.79 apply? A November 21, 2018 Fourth DCA opinion, Southern Specialties Inc. v. Farmhouse Tomatoes Inc., discusses this issue.  

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Statute of Limitations and Unjust Enrichment Claims in Florida

Uncategorized Nov 29, 2018
post about Statute of Limitations and Unjust Enrichment Claims in Florida

Have you hired a West Palm Beach lawyer to file an unjust enrichment claim for you? What is your unjust enrichment claim based on? Did you know that a four year statute of limitations applies to certain types of unjust enrichment claims? If you are pleading an unjust enrichment claim without referencing any written instrument, you may want to read a November 21, 2018 Fourth DCA opinion, Southern Specialties Inc. v. Farmhouse Tomatoes Inc.  

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West Palm Beach Litigation: When can a West Palm Beach probate lawyer bring an unjust enrichment claim?

Uncategorized Nov 29, 2018
post about West Palm Beach Litigation: When can a West Palm Beach probate lawyer bring an unjust enrichment claim?

Are you thinking about bringing an unjust enrichment claim? Do you know what the affirmative defenses to an unjust enrichment claim are? What is an unjust enrichment action?  What should Florida litigators know about unjust enrichment actions? Are there statutes of limitations that may bar an unjust enrichment claim? 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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Florida Probate Litigation: Unjust Enrichment Claims

Uncategorized Nov 29, 2018
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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