What Do Sex, Videotapes & Hulk Hogan Have to Do with Palm Beach Probate ?

On January 17, 2014, the 2nd District Court of Appeal in Florida handed down a decision about a Florida temporary restraining order, Hulk Hogan and sex tapes.  Don’t take my word for it, here’s the opinion: http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2014/January/January%2017,%202014/2D13-1951.pdf

What ?

Hulk Hogan Hush Order Reversed

Terry Gene Bollea is professionally known as Hulk Hogan.

Yea, it seems that Hulk was trying to prohibit Gawker Media from publishing sex tapes of an affair he had.  Don’t take my words for it: here’s what the Florida court said :  Terry Bollea sought to enjoin Gawker Media, LLC, from publishing and otherwise distributing the written report about his extramarital affair that includes video excerpts from the sexual encounter. The circuit court granted Mr. Bollea’s motion for temporary injunction, ……    Because the temporary injunction is an unconstitutional prior restraint under the First Amendment, we reverse.

What Does This Have to Do With Palm Beach Probate ?

Many times, estate beneficiaries or Palm Beach Trust beneficiaries want a temporary injunction to prohibit a trustee or a person who inherited a bank account from spending money.

Temporary restraining orders are generally not easy to get. They are given under very limited circumstances, with very unique Florida legal rules.  Many times, inexperienced probate lawyers try to get an Ex Parte Temporary Restraining Order.   They think that all they have to do is fein an “emergency” when that’s not the legal standard by which Palm Beach Probate Courts may consider, let alone grant, Florida temporary restraining orders.

There are different standards to consider:  freezing a trust account is different than trying to restrain free speech.

What’s the take away? Get a Palm Beach trial lawyer who actually tries cases, reads Florida appellate opinions and knows how to get a TRO and how to defend against one.