Some Florida probate litigation involving trust disputes will be sent to arbitration, that is just the way it works. Florida trust lawyers know that when a case, filed in probate court is sent to arbitration the court case does not disappear. So what happens to it?
Staying the Case
- Probate attorneys Florida regularly file cases that the other side forces into arbitration.
- This is known by estate lawyers in Florida as “compelling arbitration.”
- So many Florida probate litigation attorneys will begin the arbitration without explaining to the client in West Palm Beach, what happens to the court case.
- The court case will be subject to a stay of litigation.
- What is a “stay” and what does it do?
- Florida probate attorneys know that a stay, stops the case.
- A stay is actually a court order, so estate attorneys in Florida take them very seriously.
- What happens if you violate the stay?
- That could be looked at as contemptuous in West Palm Beach probate court and you can be looking down the barrel at some sanctions.
- Florida estate attorneys do their best to avoid that situation.
- Another common problem with a stay is one party gets results from the trial court while the case is stayed.
- Then what can you do?
- This is actually appealable.
- Want to learn more?
- Check out this recent case out of the Fifth District Court of Appeals.
SPS v. Worobec
- This was a pretty standard foreclosure case but for some reason it was stayed.
- Do you know why?
- One of the most common ways that a foreclosure is stayed is when the debtor files for bankruptcy.
- The other side got a final judgment in the interim but that was a violation of the stay.
- As a result it was overturned on appeal.
- Florida probate litigation lawyers know how to turn around a case when it was improperly litigated.
- One source of frequent improper litigation is when parties bring things to court during the pendency of a stay.
- Do you have grounds for an appeal?
- Have you talked to probate attorneys in Florida about your chances of success on appeal?
Want to learn more about stays of litigation?
Check out the entire case by clicking here.
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