Third District Court of Appeal Case: Motion for Improper Venue

Are you a personal representative to an estate in West Palm Beach?   Are you involved in a will contest? Do you know what a motion for improper venue is? You may want to hear what the Third District Court of Appeal had to say about the issue in a case decided yesterday, May 20, 2015.

Improper and Proper Venue

• Are you the personal representative of an estate located in West Palm Beach?
• What happens when someone in Monroe County tries to challenge the will in the Keys?
• You may want to consider motioning for improper venue and a transfer of venue.
• Venue is the location of the Florida probate court.
• As a personal representative your location might be more important than the plaintiff’s in deciding a will contest.
• What court is the will being probated in?
• Do you understand the difference between lack of jurisdiction and improper venue?
• A court cannot hear a case if it does not have jurisdiction.
• If a court moves your case to a different venue it had jurisdiction but the other court was a more proper place for the dispute to be heard.
• Do you know what you have to state in a motion for change of venue?
• Have you looked into the Florida statutes?

King v. Raborg

• The defendants in this case brought two motions to change venue and even after they lost they appealed!
• Do you know why a particular venue may be particularly important?
• Experienced Palm Beach probate litigators know that sometimes venue can be important due to the make up of a jury.
• What type of a jury favors your action is that the venue you are currently in?
• Are you prepared to file a motion for change of venue to West Palm Beach probate court?

Want to learn more?

Check out the entire case by clicking here.