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The West Palm Beach Probate Court Could Dismiss Your Opponents Case or Defenses in a Probate Lawsuit, Learn How

Uncategorized Dec 9, 2015
post about The West Palm Beach Probate Court Could Dismiss Your Opponents Case or Defenses in a Probate Lawsuit, Learn How

Is the other side refusing to cooperate with discovery in a  West Palm Beach will contest? In the heat of Florida probate litigation you may find that your opponent does not want to follow the rules. Estate lawyers in Florida know that you may be able to actually get the other party’s case dismissedor their affirmative defenses could be struck! 


  • Florida trust lawyers know that each party has an obligation to follow Court Orders and conduct discovery in good faith.
  • That includes listing witnesses and providing evidence.
  • If your probate litigation attorney knows that the other side is purposefully concealing evidence then they need to move for sanctions, and vigilantly.
  • Florida probate lawyers do not like to go to the Court and ask for sanctions but sometimes it is necessary.
  • For example you may need to have a specific witness brought forth for deposition and the other side just will not get you the information, you need to take care of this ASAP so the Court does not think that you waived that argument.
  • Florida estate lawyers have to move quickly to secure the sanctions if they apply and bring it to the Court’s attention.
  • Also if you are the one causing problems you should remember that probate attorneys Florida do not mess around and you could end up losing out big time.
  • West Palm Beach probate courts are not in the business of playing around with the rules.
  • Check out this recent case to learn more.

Deutsche v. Perez

  • This was a foreclosure lawsuit where the bank was sanctioned for not producing a key witness to testify about certain records.
  • The bank appealed the rather harsh sanction of dismissal of the entire foreclosure suit.
  • Florida estate attorneys know that this is a real risk when Parties do not play be the rules.
  • On appeal for technical reasons this was reversed but rest assured that the other side will have to produce that witness.

Want to learn more?

Check out the entire case by clicking here. 

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