Florida litigants are entitled to a fair probate lawsuit. That includes a fair probate judge to oversee the Florida probate lawsuit. What do you do when a judge is not being fair? It may be time to file a motion to disqualify. Do you know what the judge can consider when making their determination on this type of motion? Check out this recent probate lawsuit to learn more.
Motions to Disqualify
- Florida probate lawyers know that judges are people to.
- That means that sometimes your probate attorney Florida will rub the judge the wrong way.
- It could also be your case that rubs the judge the wrong way, or worse he may have a connection with the other side or his or her probate attorney Florida.
- So what can you do?
- Estate attorneys Florida know this where the motion to disqualify comes in.
- These allow the Court to consider whether a new judge is right for the case or if the current course of events is acceptable.
- What do Florida probate judges look for in these motions?
- That is an interesting question, and these motions are treated differently than other motions.
- Do you know why?
- Check out this recent appeal from the Florida probate courts to learn more aboutmotions to disqualify.
Messianu v. Pigna
- This was an appeal to the Third District Court of appeal from a probate court order that denied a motion to disqualify.
- The issue before the tribunal was that the trial judge exceeded the scope of what to consider on such a motion.
- Given the unique nature of a motion to disqualify, Florida probate litigators know there are special rules about what the trial court can consider.
- The question before the Court is not whether they believe the facts alleged in the motion.
- Rather the question is on its face does the motion meet the basic necessities to have it granted.
- After that determination what happens?
Want to learn more?
Check out the entire case by clicking here.
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