Do you know what the two dismissal rule is in Florida probate court? You may have a chance to withdraw a claim voluntarily to amend and fix the technicalities, but more than once could lead to an “adjudication on the merits.” What does that mean? Check out this recent case out of the Fourth District Court of Appeals to learn more about your rights to amend in Florida probate litigation.
The Two Dismissal Rule
- What is the two dismissal rule?
- Florida probate lawyers know that claims can get complicated and sometimes new facts come out in discovery that change the course of estate litigation.
- What can a Florida estate lawyer do then?
- The court will allow a certain amount of “do-overs” through amendments and voluntary dismissals.
- That being said estate attorneys Florida have to be careful.
- Have you ever heard of the two dismissal rule?
- This holds that a second voluntary dismissal may result in adjudication on the merits.
- What does that mean?
- It means that may be the end of the line for your probate lawsuit Florida.
- Want to learn more?
- Check out this recent case.
Nolan v. MIA Real Holdings, LLC
- This was a standard foreclosure lawsuit in Florida.
- So what does this have to do with estate litigation Florida?
- This case is all about the two dismissal rule.
- Here the plaintiff was trying to foreclose on a loan and they took a voluntary dismissal, twice.
- That means the Court utilized the rule.
- Do Florida probate judges use the same rules?
- Does the two dismissal rule apply to your Florida will contest?
- Florida will contest lawyers know the rules on dismissal, do you?
- Do not make the same mistakes as the Plaintiff in this action, get it right the first time, or at least the second.
Want to learn more?
Check out the entire case by clicking here.
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