Did you just lose your case on a motion to dismiss? Experienced Palm Beach probate litigators know the rules of civil procedure can be tricky to whose are not used to them. For example that order that reads, “Motion to Dismiss Granted” may not be the final dismissal of your case! Check out this case out of the Third District Court of Appeal where a dismissal was not the final word on the matter.
Motions to Dismiss
- Do you know what a motion to dismiss does?
- If you sue someone in West Palm Beach one of the first things they are going to try and do is dismiss the case.
- These motions to dismiss though are usually without prejudice.
- Do you know what that means?
- A case that is dismissed without prejudice has not been finalized on the merits; you may still be able to amend your complaint.
- If a case is dismissed with prejudice without an appeal you may be out of luck.
- The interesting thing about these orders is that often the litigants draw them up for the judge.
- So what happens when a judge says one thing but the order does not match it?
- You may have to appeal or motion to amend the order.
- Furthermore just because an order says something does not mean it is proper.
- Watch out for errors in the orders that could derail your case.
- Check out this recent case out of the Third District Court of Appeal, where an improperly drafted order was successfully appealed.
GMI, LLC v. Asociacion del Futbol Argentino etc.
- In this case the appellant filed a notice of appeal because their case was dismissed “with prejudice.”
- The order that the judge signed stated that the case was dismissed with prejudice and that the other side would not get leave to amend and try again.
- Given the finality of that order the other side appealed.
- On appeal the Court noted errors in the order and gave leave to have it amended.
- If you are in a West Palm Beach will contest or other jury trial you are going to have to pay attention to those orders – often times they were drafted by the opponent!
- How are you going to know if that order has an error?
- Experienced Palm Beach probate litigators know that it’s better to review the order now then end up paying for the appeal.
Want to learn more?
Check out the entire case by clicking here.