What do Florida Estate Lawyers Need to Know About Contempt Proceedings?

When the other side fails to follow a court order in Florida probate litigation then you may be able to seekcontempt proceedings. Florida probate lawyers need to know the ins and outs of these rules because they may not be as simple as they sound. Want to learn more? Check out this recent appeal from the Second District Court of Appeal. Ask yourself, is not paying up a judgment enough to warrant a contempt proceeding in Florida probate court?

What is Contempt?

• Florida probate lawyers are all too familiar with what contempt is, and how to avoid it.
• Estate attorneys Florida know that paying attention to Court Orders is critical to getting what you want out of a probate trial or will contest.
• Contempt proceedings occur when parties fail to follow a Court Order.
• Often times a defense will be raised that it was impossible to follow that Court Order.
• How do you think the Court likes those kinds of responses?
• It may surprise you but impossibility is a valid excuse for a Florida probate lawyer’s client when faced with contempt proceedings.
• How is a Florida probate judge going to determine whether or not that claim is valid?
• That is a good question.
• Check out this recent case out of the Second District Court of Appeal to learn more.

Bryan v. Jemal

• This was a marriage dissolution (i.e. divorce) action from the Second District Court of Appeal.
• What does that have to do with my probate lawsuit and my Florida will contest lawyer?
• That is an interesting question.
• The standards on contempt are relatively similar so the lessons from this case are lessons for probate lawsuits in Florida as well.
• Here the husband was getting charged with contempt for not paying money from a judgment.
• The problem is he says he could not pay.
• Well the reason he could not pay was he sold his business to his son with almost no terms locking the son into paying for it.
• Does that sound like a fair transaction?
• What do you think the Court had to say about it?
• It may shock you to learn the Judges on appeal overturned the contempt!
• Does that sound fair to you?

Before you make up your mind, make sure to read the entire case.

Click here for a free copy.

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