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Civil Contempt, Sanctions and Miami Lawsuits

Uncategorized Jan 17, 2021
post about Civil Contempt, Sanctions and Miami Lawsuits

If you are involved in a Miami lawsuit and you hear the word “contempt” or “sanctions“, that is not a good thing. A recent 3rd District Court of Appeal opinion from January 13, 2021 reminds all Miami trial lawyers about this sensitive subject. If you were found in contempt, one question which you have no doubt asked your Miami litigation law firm is: “Can I appeal this order of contempt?” Has an order of civil contempt been filed against you in a Miami lawsuit? If so, have you spoken to a Florida appellate attorney about seeking a writ of certiorari before Florida’s 3rd District Court of Appeal? A writ of certiorari is a “request” by a litigant, non-party, or party, asking the appeals court to review a trial court’s order. A recent, January 13, 2021 opinion from the appeals court for Miami-Dade reminds us of one important tenet of Florida law that most Miami business litigators know: “A party cannot be held in contempt for non-compliance with a court order if there party did not have the present ability to comply with the court order.” This quote is from the case of Children’s Home Society of Florida v. K.W., et al. You can read the entire opinion here: https://www.3dca.flcourts.org/content/download/700561/opinion/200569_DC03_01132021_105250_i.pdf A trial judge may enter an order of contempt for parties that don’t comply with court orders. Sanctions in a Miami lawsuit are a related but different concept of punishment. A sanction is assessed against a party for doing bad things. […]

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Divorce and Inheritance Rights in Florida

Uncategorized Dec 17, 2020
post about Divorce and Inheritance Rights in Florida

If you are divorced, can you still inherit from your ex-spouse under his or her Florida will? How does divorce affect inheritance rights in Florida? What if an ex-spouse is a beneficiary named in the decedent’s Florida will? Does it matter if my ex-wife wrote her will before we got married rather than during our marriage?  How can divorce affect an inheritance? Did you know that getting a divorce could have a substantial effect on your inheritance rights in Florida? Palm Beach probate lawyers know that certain probate statutes limit the inheritance rights of ex-spouses in Florida. Frequently, trust and estates litigators, like the lawyers here at Pankauski Hauser, encounter cases involving ex-spouses who believe they should be inheriting what had been left to them in a will that was written during their marriage. Is that ex-spouse entitled to inherit from his or her former spouse’s Florida will even though they got a divorce? This answer can prove to be tricky, and it depends on several factors. For example, one factor to be considered is whether the will was created BEFORE the marriage or DURING the marriage. Therefore, if you are getting a divorce in West Palm Beach or anywhere in Florida, you may wish to speak to your divorce lawyers and estate lawyers about this. You may also wish to read Florida Statute 732.507(2). What is Florida Statute 732.507? If you are the ex-spouse of a decedent, and you are named in the decedent’s Florida will, you may still be out […]

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