The secret to appealing Florida probate orders and estate orders from Florida probate courts?
What if there were a secret recipe or secret sauce to getting judicial review of a Florida probate court order? Ask any Florida probate litigation attorney and they will tell you that there is no such thing. OK, that’ s understandable, but ask any Florida Bar Board Certified Appellate Attorney and they may have a different answer. After all, the probate appeals attorneys West Palm Beach are specialists and they think in a different way. Probate appeals lawyers in Florida think differently than Florida trust lawyers and estate lawyers in Florida. So, what can a recent Florida appellate case, not a probate case, teach you about appeals in Florida? Or, perhaps better said, what can a recent Florida appeal teach probate litigation attorneys Florida about seeking an appeal of a non final order which a Florida probate lawyer may think is NOT “appealable” until the end of trial? Here is a November 4, 2015, Florida 3rd DCA case known as Andros Development Corp. v. Benitez, 40 Fla. L. Weeklhy D 2484, and which can be read at his link for free: http://www.3dca.flcourts.org/Opinions/3D15-1858.pdf
What Florida Probate Lawyers Should Know About Filing an Appeal
- In Florida probate lawsuits, Florida estate lawyers know that their clients, often beneficiaries, family members and trustees and executors, want to know what their probate rights are
- Many want to fight!
- So, what can probate attorneys Florida do about passionate clients?
- Florida estate attorneys can advise their clients when a probate order may be appealed
- Yes, even before the end of the estate trial
- Even before the matter is set for a Florida probate trial
- Why?
- Because in some instances, you can appeal a Palm Beach probate matter RIGHT NOW!
- And many times, during the discovery process of the estate administration Boca Raton,or a trust lawsuit Delray Beach, a client wants to be aggresssive or assert her or his rights
- So, can you appeal a probate matter Florida?
- Indeed, perhaps, sometimes
- Sometimes you can appeal a matter when the matter or Florida probate court matter deals with, and this is important, the right to immediate possession of property
- Ask yourself, probate lawyers Florida: does the appeals court have jurisdiction underFlorida Rule of Appellate Procedure 9.130(a)(3)(c)(ii), which permits review of non-final orders that determine the right to immediate possesion of property?
- Ask your probate litigation law firm West Palm Beach or perhaps just ask yourFlorida estate lawyer