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The Secret to an Appeal in a Florida Probate Case

Uncategorized Jan 19, 2018
post about The Secret to an Appeal in a Florida Probate Case

Are you involved in a Florida probate or estate proceeding in Florida? If you are, and a judgment was handed down that is not favorable to you, you may be thinking about an appeal. What does a probate appeal entail? Should you hire a West Palm Beach appellate lawyer? There are four things you absolutely need to understand prior to analyzing the likelihood of your appeal being successful.

  1. You need to understand the Florida  Probate Code. These are our statutes that tell us what the laws are regarding estates in Florida.
  2. You need to understand the Probate Rules. These are certain rules that apply in estate and probate proceedings throughout probate courts in Florida.
  3. You need to understand the Florida Rules of Civil Procedure. Many probate proceedings are adversary and the Florida Rules of Civil Procedure apply to adversary proceedings. This set of rules is different than, but closely related to the Florida Probate Rules.
  4. You need to understand the Florida Rules of Appellate Procedure. Particularly, you should be familiar with 9.170. This rule is not very well known but it is important. This Florida appellate rule talks about appeals of probate and guardianship matters.