The West Palm Beach probate court is limited in what it can do without you asking first. Were you involved in a will contest or trust dispute and the court gave relief that was not requested by the other side? You may be able to appeal but your time is limited. In some cases you may have as little as thirty days to file an appeal. Check out this new case out of the Fourth District Court of Appeal where the court gave a party a loan modification without either side requesting it, the decision was reversed.
What Does Sua Sponte Mean?
- Has the West Palm Beach trial court acted sua sponte?
- What does that even mean.
- Sometime a court will act without either party requesting it but this may not be appropriate.
- For example the West Palm Beach court can and should act on its own to dismiss a claim because it lacked jurisdiction over the subject matter of the dispute.
- Similarly sanctions for behavior is likely appropriate.
- But what about offering a party relief in some way not requested in the lawsuit?
- Experienced Palm Beach probate litigators know that when a party is given relief that they did not ask for this may be grounds for an appeal.
- Check out what happened in this decision that was just filed on August 19, 2015 in West Palm Beach.
Fed. Home Loan Mortgage Corp. v. Beekman
- This was an appeal from the trial court in West Palm Beach after a foreclosure dispute.
- The trial court had given the borrower a loan modification but neither party requested said relief from the court.
- The creditor appealed.
- On appeal the judges ruled that it was improper for the court to act without the request of either party in this instance.
- Do you agree?
- Should the court not be allowed to mediate disputes through alternative forms of relief if they can serve both parties?
- Either way you may have the grounds for an appeal if you act quickly.
Do you want to learn more about appealing an adverse judgment in West Palm Beach?
Check out the entire case by clicking here.