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When Can You Appeal a Probate Lawsuit in West Palm Beach?

Uncategorized Dec 16, 2015
post about When Can You Appeal a Probate Lawsuit in West Palm Beach?

Are you and your Florida trust lawyer involved in Florida probate litigation?  When is the proper time to appeal a probate lawsuit? The final order rule controls this issue and there are a lot exceptions too that should be understood. When can you appeal a probate lawsuit in Palm Beach?

The Final Order Rule

  • Estate lawyers in Florida know that the rules of when to appeal are deceiving simple.
  • What do I mean by that?
  • The technical rule that you learn when you are in school to become a probate litigation attorney is you can only appeal a final order.
  • First of all what is a final order?
  • Usually it means there is nothing left to do in the case.
  • Second of all though Florida probate lawyers know there are a ton of exceptions to the rule.
  • Do you know them all?
  • Florida estate lawyers know that you can instantly appeal a dispute about personal jurisdiction.
  • You can also appeal an injunction immediately.
  • Probate attorneys Florida are in the business of finding creative ways to appeal troublesome rulings whenever possible.
  • That being said appealing to early and getting denied is an expensive mistake to make.
  • Don’t believe me?
  • Check out this recent case out of Miami’s Third District Court of Appeal to learn why all probate lawyers need to know when and how to appeal.

Almacenes v. Dalbeta

  • This was the epitome of a preliminary appeal that cost the client a ton of money.
  • Two business entities were embroiled in a dispute.
  • Both had sued each other for different things.
  • When one party got a final judgment that they did not like they appealed.
  • There was one problem that the attorney forgot about that all estate lawyers in Florida should be wary of – the counterclaim.
  • The other side still had pending claims which made the judgment final but not the final order that made the case ripe for appeal.
  • Are you sure that your case is appeal-able right now?
  • Maybe you should consult an experienced attorney first.

Want to learn more?

Check out the entire case by clicking here.

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