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What is an “Order to Show Cause” and Why Did I Get One in My Palm Beach Probate Case?

Uncategorized Dec 25, 2015
post about What is an “Order to Show Cause” and Why Did I Get One in My Palm Beach Probate Case?

Have you received an order to show cause in your Florida probate  litigation lawsuit? Florida trust lawyers know this could be a sign that you are in hot water with the West Palm Beach probate court.  Check out this recent case out of the Fifth District where an attorney landed himself in hot water for not responding to an order to show cause.

Orders to Show Cause

  • Florida trust lawyers know what an order to show cause really means; it means you and your Probate litigation attorney may be in hot water.
  • Florida probate lawyers do their best to keep them and their clients away from the sanctions block in probate court.
  • Florida estate lawyers know its no secret; all you have to do is follow court orders!
  • Is your probate litigation attorney following court orders and time limits?
  • Then you probably have nothing to worry about.
  • Probate attorneys Florida know that failure to follow court orders could lead to you being dragged in front of the judge to answer for your deficiencies.
  • No one wants that.
  • Estate lawyers in Florida know the basic rules of avoiding this issue but not everyone is perfect.
  • Check out this case out of the Fifth District Court of Appeal to learn what not to do when the judge calls you up for sanctions.

Belkova v. Russo

  • This was an appeal and sanctions case that arose from a motion to withdraw.
  • Florida estate lawyers use motions to withdraw when there are differences with the client that cannot be involved.
  • In other words the lawyer is withdrawing from representation.
  • In this particular case the lawyer failed to serve a notice of his withdrawal with the other side as required by the rules.
  • So, the Court told him to reserve the documents and he refused.
  • Then he got a message from the Court to come and answer for his failure to follow orders and he did not show up!
  • That is not what you want to do in this situation.
  • Now, the Court has ordered that not only should the attorney be sanctioned he also needs to be investigated by the Florida Bar!
  • Is your probate attorney in Florida following the rules?
  • This is not only important for the outcome of your case but also his career! 

Want to learn more?

Check out the entire case by clicking here.

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