West Palm Beach Appeal, Party Not Cooperating and Court Orders Writ of Bodily Attachment

Experienced West Palm Beach probate litigators know that  probate requires cooperation. What are you going to do as a personal representative when the other parties are not cooperating? You may have grounds to hold parties in contempt of court in West Palm Beach for failure to follow a court order. Do you know how to use sanctions to your advantage? Check out a recent case out of the Fourth District Court of Appeal to learn more.

West Palm Beach Probate

• If you are a personal representative you may have your work cut out for you.
• Your primary job is going to be to gather information regarding the estate.
• What do you do though when other parties refuse to play ball?
• As a personal representative you may request a court order for certain necessary duties, do not be afraid to use that power.
• If the parties still will not respect your (and the Court’s!) authority you may have grounds for sanctions including contempt of court.

Contempt of Court

• There are two types of contempt in West Palm Beach: civil and criminal.
• Civil contempt is meant to restore and maintain the order of the court, while criminal contempt is meant to punish those who do not respect the court’s authority.
• If you are a personal representative in West Palm Beach you have a right to expect others will respect the court’s authority.
• If you are unable to get your job done because they are not then you may want to consider petitioning the court.
• Are you prepared to make your case that contempt is the right option?
• Check out this case out of the Fourth District Court of Appeal regarding contempt in trial court in Palm Beach County!

Whissel v. Whissel

• This was an appeal out of the Fourth District Court of Appeals regarding a marriage dissolution action.
• Like a West Palm Beach will contest in a marriage dissolution many documents are in the possession of other parties and cooperation can be vital to a case’s resolution.
• One party here had failed repeatedly to pay pursuant to a court order.
• After owing over 100 thousand a writ for bodily attachment was issued.
• Do you know what that is?
• Pretty much a civil court’s arrest warrant!
• Are you prepared to enforce your authority as personal representative by force if need be?
• The West Palm Beach court is there to help, you just need to know what to ask for!

Want to learn more about civil contempt?

Check out the entire case by clicking here.