What Do Florida Trust Lawyers Need to Know to Win Summary Judgment Hearings in Probate Court?
If you are involved in a will contest or trust dispute in Florida you may see the other side filing a motion for summary judgment. Do you know what means to your Florida estate lawyer? Learn more about Florida probate litigation from this recent case about summary judgment. Do not forget to ask yourself, who was right all along?
Summary Judgment & Estate Litigation in Florida
- Florida will contest lawyers know that both sides love motions for summary judgment.
- Defendants love these motions because it allows their Florida estate attorney to create an out, and to escape liability.
- Plaintiffs in a Florida will contest like that they can narrow issues and focus the jury on something else, the money.
- But what is summary judgment in Florida probate litigation?
- Summary judgment is a way to skip the jury trial but it only happens in limited instances.
- Do you know what those are?
- Only when there is no dispute to material facts will a probate judge grant summary judgment in Florida.
- What does that mean?
- When is there no dispute?
- More importantly what is a material fact?
- These are the kinds of questions to discuss with an estate attorney Florida.
- Check out this recent case, do you see material disputes of fact?
JVN Holdings, Inc. v. American Construction and Repairs, etc.
- This was an appeal from a final summary judgment offered in a construction dispute.
- The Court on appeal ruled that there were genuine issues of material fact.
- It is important for probate attorneys Florida to understand what constitutes a material fact.
- That is how you win on appeal.
- Proving the parties disagreed about something is probably not enough.
- You have to prove that disagreed to fact is material to the case.
- So again the issue becomes what constitutes a material fact.
Want to learn more about summary judgment in probate litigation?
Check out the entire case by clicking here.
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