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The Secret to Winning Florida Probate Appeals?

Uncategorized Apr 8, 2016
post about The Secret to Winning Florida Probate Appeals?

So many times, people want to know if there is a shortcut to success.  What is   the secret to winning a probate lawsuit in Florida?  What is the best way to win your trust litigation in Palm Beach after you had a bad experience with a probate attorney at the trial level?  I would tell  you that you should find an experienced probate litigator who you trust and whose personality matches yours.  Believe and trust in him or her.  Is your trust law firm Florida agressive? Knowledgeable? Experienced?  Comfortable in court?  A fighter?   If they are not for you: fire them. That’s your right as a client in an estate lawsuit Delray Beach.  But…. The truth is that there are no shortcuts or secrets.  Trial judges and probate courts have educated, hard working, judges who listen to both sides, who read what you send to them, and who analzye the law in light of the facts of your probate litigation case in Florida.  You can’t ask for anything more.  Truly.  But, if you lose your estate lawsuit, or your trust or guardianship lawsuit, in Palm Beach or Florida, or…. and this may be the most important: if, before trial, you lose a motion or a hearing, is there an approach or a method or a legal opportunity to “right” the “wrong?”  Well, have you ever heard of a petition for a writ of certiorari in Florida?

How Do I Appeal My Probate Case in Florida?

  • Do you know what a petition for a writ of certiorari is in Palm Beach appeals courts?
  • Did you know that the appeals court which hears Palm Beach, Florida appeals for probate, trust & guardianship matters is located on Palm Beach Lakes Boulevard in West Palm Beach?
  • And that it is known as the 4th District Court of Appeal or the 4th DCA?
  • Do you know about the (fairly) recent changes to the probate appeals law in Florida?
  • Did you know that you, now, may appeal a number of probate and estate matters in Florida BEFORE the trial of your estate lawsuit?
  • This provides wonderful and exciting tactical (potential) advantages to your estate litigation law firm Florida and to your probate attorney
  • Why? Because if you lose a hearing or a motion, you may (maybe, might) be able to go right away to Florida’s 4th DCA to get that order appealed, rather than waiting for the end of the estate lawsuit trial
  • This is an opportunity for your probate litigation attorney in Palm Beach !
  • Seriously !
  • What is your trial strategy?
  • Are you considering appellate work and strategies as part of your trust lawsuit in Florida?

What is a Petition for a Writ of Certiorari in Florida? Can it help your estate lawsuit appeal in Palm Beach or Boca Raton?

  • What if you lose a minor or not major issue? Can you appeal? Does it make sense for you to appeal?
  • Can you gain an advantage and build strength and momentum by filing a Florida probate appeal?
  • You should be familiar with the rules of appellate procedure and the traps which probate attorneys Boca Raton can fall into if they don’t handle a lot of estate appeals.
  • Consider whether or not you can file a petition for a writ of certiorari with your Florida appeals court.
  • Consider finding out what the 3 requirements for an appeals court petition for writ of certiorari are
  • Put another way, do you know the 3 requirements to appeal your Florida probate or estate matter before trial?
  • Read the Rousso v. Hannon case from the 3rd District Court of Appeal in Florida
  • This appeals court case is : 2014 WL 3844037 and was rendered August 6, 2014, No. 3D14-380.
  • Good luck.