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Tag: #floridaappeals

Florida Appeals and Voluntary Dismissal

What We Do Dec 2, 2020
post about Florida Appeals and Voluntary Dismissal

Florida appeals and voluntary dismissals might seem like oil and water. How can you appeal a Florida lawsuit that was the subject of a voluntary dismissal? What does the voluntary dismissal of a lawsuit have to do with an appeal? Florida Inheritance Litigation and Civil Appeals Florida lawyers know that some trust or estate cases can lead to an appeal. If you disagree with a final judgment or order, you may be able to file an appeal. Also, if you win a Florida probate case, the other side may choose to appeal. Therefore, it is important to anticipate the possibility of having to hire a West Palm Beach appellate attorney. If you are in the process of hiring a Florida law firm to assist you with probate or trust litigation, you may want to look for a firm that is experienced in both litigation and appeals. If you hire a law firm that limits its practice to civil litigation and appeals, you may end up at advantage. Florida attorneys with both litigation and appellate experience know what to do during trial to ensure that issues are preserved for appeal. In addition, having experienced trial lawyers and appellate lawyers in one firm is beneficial because you may save time and money during an appeal due to the fact that the firm is already familiar with your case. If you need to hire a separate Florida appellate attorney, that attorney will need to obtain and review all of the trial level documents […]


Florida Appeals and Jurisdiction

What We Do Nov 22, 2020
post about Florida Appeals and Jurisdiction

Are you involved in Florida litigation? Do you need to appeal an order or judgment? A good trial lawyer will know if you can appeal that order now, or whether you have to wait until the end of your case. Sometimes, you want to appeal an order now. But you can’t because the Florida Appellate Court lacks jurisdiction. Most “appealable” orders must be final. A good Florida Appellate Attorney knows that many NONFINAL orders MUST BE appealed now. Rather than waiting to the end of your Florida lawsuit. There are some Florida Appellate Rules which can create a “use it or lose it” 30 day period to appeal an order or judgment. What is Florida Rule of Appellate Procedure 9.130? You may want to read a recent 5th District Court of Appeal opinion. Hollinger v. Hollinger is a quick read to learn more about Florida probate appeals and appellate jurisdiction. Also, to read an April 29, 2021 appellate opinion on appeals and jurisdiction, click HERE. Florida Appellate Rule 9.130 Florida Rule of Appellate Procedure 9.130 discusses what nonfinal orders are appealable. It is important to consider whether the Florida appellate courts can even hear an appeal regarding the order you disagree with. If you try to appeal an order that is not appealable, the appeal may be dismissed due to the appellate court’s lack of jurisdiction. An experienced Florida appellate attorney, like Robert Hauser, Esq. at Pankauski Lazarus, can help you determine whether or not you can appeal a certain order. Hauser […]