Sometimes Florida probate litigation is not in the probate court but in an arbitration tribunal. Estate litigation in Florida can sometimes transfer over to the American Arbitration Association or similar alternative dispute resolution forums. What is arbitration and more importantly can your Florida probate lawyer appeal an arbitration order from the Florida trust dispute? Check out this recent appeal from the Second District Court of Appeal to learn more.
Arbitration in Florida Estate Litigation
- Sometimes wills and trust documents have dispute resolution clauses.
- These can be used to attempt to streamline the process or just to make people go to mediation first.
- Florida will contest lawyers know that arbitration is very different from Florida probate litigation.
- Florida estate attorneys can appeal final orders from the probate court.
- That is not really the case with arbitration.
- When can your Florida estate lawyer appeal the arbitration award?
- There are a few ways set out in Florida statute but other than that you may be out of luck.
- So do Florida probate attorneys like arbitration clauses?
- It depends on the Florida probate attorney, everyone is different.
- One thing is for sure, arbitration has different rules and limits on appeal.
- How will this effect your Florida probate lawsuit?
- Check out this recent appeal from the Second District Court of Appeal to learn more.
Ross v. Prospectsplus! Inc.
- This was an appeal from an arbitration award.
- As previously stated, Florida probate lawyers know this is a limited avenue.
- When can you appeal the Florida arbitration award?
- One of the more common avenues that may apply to your case is when the arbitrator does not let you present evidence.
- That may be grounds for overturn.
- Here that was not the case.
- The appellant (party making an appeal) essentially raised an inapplicable issue.
- Guess what?
- She was denied her appeal.
- That is part of arbitration; you are giving up certain rights for a prompt result.
- Is that a good trade off?
Before you make up your mind, check out the entire case.
Click here for a free copy of Ross v. Prospectsplus! Inc. by clicking here.
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