What Does a Motion to Dismiss Do in a Probate Lawsuit? You May Want to Read This Second District Court of Appeal Recent Opinion.

If you are involved in Florida probate litigation you may have your  complaint dismissed a few times, you can usually amend. Florida trust lawyers know that a full dismissal with prejudice is rare but do you know the difference between the two? Check out this recent appeal from the Second District Court of Appeal to learn more.

What is a Dismissal (and What is Prejudice)?

• When you file a lawsuit the other side is going to do their best to keep that out of Court.
• Probate litigation attorneys in Florida may file a motion to dismiss your case for small flaws in the drafting.
• Florida trust lawyers know that this is not fatal to your probate lawsuit.
• Florida estate lawyers are usually given leave to amend.
• Now it is up to the Florida probate lawyer to re-draft the lawsuit and address those deficiencies.
• Sometimes probate attorneys Florida are careless in taking care of issues and they come to haunt them later.
• This can be a problem for estate lawyers in Florida because it could be fatal at trial.
• The other side’s probate litigation attorney could simply bring the issue the Court’s attention prior to the case going to the jury.
• Now you are looking at dismissal with prejudice which means no leave to amend.

Homeowner’s Association v. Neidlinger

• This was an appeal from the Second District Court of Appeal.
• A homeowner’s association was suing a man who ran airboat nature tours alleging it was a nuisance.
• Probate lawyers in Florida know that you should pay attention to potential defenses in a probate lawsuit.
• That rule applies in all lawsuits though.
• Here clearly someone forgot to look into one very important defense because the trial court dismissed the lawsuit.
• Has your West Palm Beach will contest been dismissed?
• Chances are there is still leave to amend.
• Make sure to talk to an experienced probate lawyer in Florida to learn more.

Want to check out a free copy of the Court’s opinion.

Click here to be directed to the Court’s official website and a free copy of the opinion.

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