Did you just lose on summary judgment in Florida probate litigation? Florida estate attorneys know that summary judgment is only proper when there is no dispute of material facts. Do you know what that means? Can your Florida will contest lawyer appeal the summary judgment as improper? Check out this recent Florida appeal to learn more.
Summary Judgment
- What is summary judgment?
- Probate attorneys Florida know that summary judgment is a way for litigants to avoid trial, at least on parts of an issue.
- How does the probate court do that?
- A Florida estate lawyer files a motion with the Court that essentially says there are no disputes of fact.
- The other sides Florida probate attorney then will get a chance to argue the contrary.
- If the Florida probate judge determines that there is no dispute to the material facts he may decide to issue a judgment.
- How is that fair?
- Florida estate attorneys know that this is done to avoid needless jury trials that take up the Court’s time.
- That being said a judge may be too quick to dispose of a case when there are real issues.
- That is why summary judgment can end up on the appeals dockets somewhat frequently.
- Is your probate lawsuit ripe for appeal?
- Check out this recent case out of the Second DCA to learn more about overcoming summary judgment on appeal.
Amstone v. Mellon Bank
- This was an appeal from a foreclosure action in Florida.
- The defendants were appealing a final summary judgment that was entered against them.
- They raised two issues, first that they had valid defenses and second that there were material facts in dispute.
- The appeals court reversed the decision holding that there were material facts in dispute.
- This raises interesting questions for a Florida probate and appeals lawyer.
- What constitutes a material fact?
- How can Florida probate lawyers prove a disputed material fact exists to a judge so that they can finally get to the jury.
Want to learn more about overcoming summary judgment in Florida estate litigation?
Check out a free copy of this case by clicking here.
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