Details matter in Florida probate litigation and often after the jury trial, Florida probate lawyers appeal the decision. Florida estate litigators should understand the difference between an appeal andcertiorari relief. Check out this recent case out of the Second District Court of Appeal to see why this is so important.
What is an Appeal? What does Certiorari Mean?
- When it comes to estate litigation in Florida you may get orders that you are not happy with.
- What can the Florida probate lawyer do in response?
- Florida estate lawyers may be able to bring your probate lawsuit to the appeals court for review.
- That being said they need to know how to do it.
- Do you know how Florida probate lawyers get their lawsuits into the appeals court?
- A Florida will contest lawyer cannot just take any bad decision to the court and ask for a redo.
- For the most part you can only appeal something called a final order.
- What is considered a final order in Florida probate lawsuits and will contests?
- Also what can you do if the judge issues a wrong order but it is not a final order?
- Now you may have a problem.
- There is where “cert. review” comes in.
- Certiorari is available when the trial court “departs from the essential requirements of law”
- Otherwise your request “for cert.” is going to get denied by the Florida Appellate Court.
- Estate attorneys Florida should know the difference between these two very different forms of relief.
- Does your probate attorney Florida understand the difference?
- Show him this recent case out of the Second District Court of Appeals!
Whitburn, LLC v. Deutsche Bank et. al.
- This was a petition for certiorari relief to the Second District Court of Appeals in Florida.
- In other words it was not styled as an appeal, it was a petition for “cert.”
- The trustee of certain land trusts was seeking an order that the trial court departed from the essential elements of the law when they made certain decisions.
- The Court may have embarrassed the Florida litigator in charge of this case though.
- Because they noticed that that in reality the petition regarded a “final order.”
- Do you know why that is significant to Florida probate appeals lawyers?
- Because that means he could have appealed which may have been easier.
- Florida estate lawyers know that when you have a chance to go for appeal rather than certiorari you probably should do it.
- When do you take “cert” over the appeal?
- Talk to a Florida probate lawyer to learn more.
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