PALM BEACH PROBATE LITIGATION : NOT SHOWING UP FOR COURT HEARING CAN RUIN YOUR DEFENSE

Have you ever been involved in a Palm Beach probate or a Ft. Lauderdale estate lawsuit and been ordered to show up in Probate Court by the probate judge ?   Probate judges requiring you, a party to a probate lawsuit, to attend a court hearing is common, including case management conferences or status conferences before a probate trial.  A recent Broward County, Florida ruling which dismissed the defenses of a party who failed to show up to Broward court when ordered, demonstrates the importance of following court orders.

This recent Broward County, Florida case , which is not a probate case, is a recent opinion of the appellate court which sits in West Palm Beach, Florida: the fourth District Court of Appeal for Florida.  This Palm Beach appeals court hears appeals for Palm Beach probates, Broward probates, as well as civil lawsuits for Palm Beach County, Martin County, and Fort Lauderdale.  Here’s what happened:

• the Broward County court set a case management conference.  These court hearings are very common prior to a trial. The judge typically wants to speak to the parties and the lawyers to discuss the issues and to ensure that everyone is set for trial
• the Broward County court required the personal attendance, in court, of all parties
• a notice of the case management conference was served on all parties
• one of the parties failed to attend the Broward County court ordered hearing —  the case management conference

The Broward County court held a hearing regarding one of the defendant’s failure to appear the Broward County court. The Broward County judge issued an order under the Florida Rules of Civil Procedure 1.200 dismissing the defenses of the defendant— essentially saying that the party who failed to show up in Broward Court would not be permitted to put on a case.

The defendant came back into this case and filed a notice of appeal, trying to appeal the Broward County judge’s ruling.  The appeals court for Broward County, Florida, sent the case back down to the trial judge to have the Broward court make a determination if the defendant’s non-attendance at the court ordered hearing was “willful.”

Why do probate litigators, and people involved in Palm Beach probates or Broward probates, care about this case ?  It’s important for four reasons:

1. people who are involved in probate litigation, or any Palm Beach civil litigation or Fort Lauderdale civil litigation, or Florida probate matters, should realize the immense power of the judicial process and the judges. Our system is built on trust and order. If a probate court judge orders you to do something, sometimes referred to as a “command”, you must comply with it unless you can demonstrate that you are not obligated to comply with the command.   But you just don’t ignore the judge.   You don’t just fail to show up in court when the judge ordered you to come to court.  It was an order: not a suggestion.  Some people involved in Palm Beach estate litigation, or inheritance fights mistakenly believe that they never need to go to court. That’s not true.
2. Probate judges can order you to come to court.  Probate judges routinely order the parties to mediate their probate or estate lawsuit, order the parties to attend pre trial hearings and case management conferences.  Going to court is not just for your Palm Beach litigator or your Ft.Lauderdale probate lawyer.
3. Probate cases follow the rules of civil procedure not just the Florida Probate Rules. Sure the Florda Probate Rules are our guidepost, but “adversary” proceedings adhere to the Florida Rules of Civil Procedure, not just the Florida Probate Rules.   Note: the Florida Probate Code is different than the Florida Probate Rules.   And even the Florida Probate Rules reference the Florida Rules of Civil Procedure in them.
4. This case demonstrates how your Palm Beach probate lawsuit or inheritance lawsuit can go out the window if you refuse to listen to a Probate Court’s orders.   Your case can be dismissed if you don’t listen to a judge’s orders.

In the end, your probate litigation lawyers should be advising you of all probate court orders and the orders which require your attendance in the probate court.  This is serious stuff.  When people who are involved in lawsuits don’t listen to a judge, our judicial process and our civil litigation system can break down.