When Are Florida Probate Lawyers Allowed to Amend the Probate Lawsuit?

Florida probate lawyers from time to time may need to amend the complaint in your probate lawsuit. This could be for several reasons. Facts change, facts become known and sometimes people make mistakes. Do you know the rules on how estate lawyers in Florida amend their complaints? Check out this recent appeal from the Fourth District Court of Appeal to learn more. Is it too late to amend your probate lawsuit in Florida?

Amending the Complaint

• It may surprise you but it is not uncommon for a Florida estate lawyer to amend their complaints.
• That is not to say that the Florida will contest lawyer does now know what they are doing.
• Florida probate attorneys know there are a ton of reasons why you may need to amend your complaint
• Can you think of any?
• Sometimes the Florida estate lawyer finds new parties that may need to be brought in to the lawsuit.
• For an interesting blog on that you can check out yesterday’s posting on indispensable parties.
• Also sometimes facts are cleared up through the discovery process after the other sides probate attorney answers the discovery requests.
• Why else could you amend a complaint in Florida probate lawsuits?
• The truth is there are a lot of reasons and the rules are very liberal towards when you are and are not allowed to amend.
• So what happens when the judge denies your right to amend?
• You may be able to appeal in Florida, read more here.

The Marquesa v. Powell

• This was another appeal from a foreclosure in Palm Beach.
• Why was the condominium association seeking to amend?
• After they got a foreclosure issued they decided they also wanted to sue for breach of contract and get some money out of it as well.
• Guess what the judge said no amending.
• Is that fair?
• The appeals court did not think so.
• Florida probate lawyers know that there is a wide latitude given to amend pleadings.
• Is there still time left to amend your probate lawsuit in Florida?

Want to learn more?

Check out a free copy of the entire case by clicking here.

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