West Palm Beach Appeals Court Interprets Contract Statute of Limitations, September 30, 2015.

Uncategorized • Sep 30, 2015

West Palm Beach probate courts are only going to look at your case if you file within the period described in the statute of limitations. Do you know how long you have to file a will contest in West Palm Beach?Here is a quick hint; it is not as long as you have to file other actions like breach of contract. Know the rules or you risk losing your claim forever.

Statute of Limitations

The probate court rewards those that act within a reasonable amount of time.
In fact there are various time limits that apply to different types of lawsuits in West Palm Beach.
Did you know that you may have up to five years to file some actions but you will only have 3 months to file a West Palm Beach will contest.
What happens when you miss the deadline?
Do not expect the Court to hear your case for very long.
Although you may be able to file in the West Palm Beach probate court, the other side is going to file something called a motion to dismiss.
The court will throw a case out for surpassing the limitations period so fast your head will spin!
One common question for a Palm Beach court is how do you calculate the statute of limitations period?
That is what happened in this recent case out of the Fourth District Court of Appeal.

Access Insurance Planners Inc. v. Gee

The question before the Court in this case was how to calculate when the limitations period tolled.
Two companies had entered into a contract whereby one would pay commission to the other every time it was paid individually.
When a dispute arose regarding the commission, the issue was when did a breach occur?
Were older breaches going to make the new breaches go stale?
On appeal the Court said that the contract could be severed and each were individual breaches.
What issues regarding the statute of limitations can arise in a West Palm Beach probate lawsuit?
Has the time already tolled for your claim?
It depends when the clock starts ticking.
With probate issues the clock may have started if you have been served with a notice of administration.

Want to learn more?

Check out the entire case by clicking here.