What Do I Need to Prove to Get a New Trial in a Florida Probate Lawsuit?

Florida probate lawyers who have experience with jury trials know that the  Court has wide latitude to consider giving a party a new trial. Do you know what the Court considers? This is where consulting with an experienced estate lawyer about Florida probate litigation comes in handy. Check out this recent case involving a personal representative and their need for a new trial in Florida.

When Are You Entitled to a New Trial ?

• Florida probate litigation attorneys can tell you there is no formula to a new trial.
• Sure there are certain things that are always going to warrant a new trial is estate litigation in Florida but those are not the cases that make the news.
• If the jury is getting information from outside of the courtroom that may be per se grounds for a new trial.
• The question is what about maneuvering that lawyers use during the probate trial to confuse jurors?
• What about when a lawyer uses improper evidence?
• These are the kinds of things estate lawyers in Florida probate have to address.
• Do you know how many chances they get?
• For one thing they can request a new trial – but they may also be able to appeal.
• Check out this recent case out of the Second District Court of Appeal to learn when you may be able to get a new trial for the other probate lawyer’s conduct.

Edwards v. Rosen

• This was a very tragic case out of the Second District Court of Appeal in Florida, a family was suing on behalf of their late mother and wife after some alleged medical malpractice.
• The defendants Florida trial lawyer tried some sneaky moves.
• He added a bunch of defendants to the case at the last moment, then dropped them after the attorney for the family had put up all of their evidence.
• To be sure this confused the Florida jury.
• In fact one of the jurors wrote in his note pad at what point – “who is being sued here?!”
• Florida probate lawyers know that the jurors should understand what is going on in a Florida probate trial.
• If the jurors are confused how can they possibly give a fair result?

Want to learn more?

Check out the entire case by clicking here.

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