Do you know what summary judgment is? Are you involved in a tortious interference with an expectancy or inheritance interest case in Delray Beach? You may want to see what the Third District Court of Appeal had to say about using summary judgment to reduce a trial to nothing more than the damages.
Summary Judgment
- A Palm Beach trial can be very complex with multiple uses that ultimately confuse a jury.
- If only there was a way to streamline issues that seem settled by the record.
- Palm Beach probate lawyers know that one way to streamline a case is to utilizesummary judgment motions.
- With a summary judgment motion a party can have the court decide matters of law prior to trial.
- For example if you have to prove that someone interfered with your inheritance and that it caused you financial damage.
- What do you want the jury to be left to decide?
- I would pick the damages.
- A motion for summary judgment could compel the court if written properly to decide the other issues or even all of the issues to avoid trial completely!
- Why would you want to leave damages to the jury?
- Who do you think is going to give you a higher number, a judge or jury?
- How does a court determine if summary judgment is proper?
Laquer v. Citizens Property Insurance Corporation
- In order to grant summary judgment on an issue the court has to find that there are no genuine issues of material fact for that issue.
- In a case out of the Third District Court of Appeal decided on May 20, 2015 (yesterday) the court was faced with determining the relatively simple issue- was the plaintiff’s notice to insurance company “prompt?”
- Prompt was defined in the insurance agreement.
- The court was able to easily grant summary judgment when no legitimate issue of material fact.
- Does your Palm Beach probate case have any issues that might be ripe for summary judgment?
- Has your attorney discussed this option with you and mentioned it could save you tons in attorney’s fees?
Want to learn more?
Check out the entire case by clicking here.