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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