When does a Florida probate court abuse its discretion? what you need to know about Florida probate appeals & 1/27/2016 4th DCA ruling

Sometimes, heck, many times, heirs and beneficiaries in the middle of a Florida Will Contest, get angry or frustrated, or at least disappointed, if they lose a motion or a court hearing.  That’s all part of the probate litigation Florida process, right? No one, I mean no one, bats 1.000 and hits it out of the park each day, each motion, each hearing, each objection.  Part of the role of a Florida probate lawyer is to not only be prepared, competent and forceful, but to also manage the expectations of an estate lawsuit client.  Is the widow or surviving spouse sad and overly emotional?  Is thestepchild angry and upset that he was cut out of the will from the Palm Beach Gardens estate plan?  Perhaps one sister or brother is jealous of the other, who inherited the Floridahomestead.  You get the picture.  So, it’s important to know what you are “fighting” for in probate court, and what you want to accomplish, or hope to accomplish.  Understanding therisks and rewards of estate litigation Florida is important, and estate attorneys and clients who are not on the same page can cause stress, more frustration and create a recipe for a poor attorney client relationship. Many times, this frustration can come about when a probate court rules against you.  This Florida estate law commentary is about the discretion which a Florida Probate Court can exercise and what amounts to abuse of discretion.

Can I appeal a Palm Beach probate judge’s ruling?

• If a Palm Beach probate court misapplies the law or mis-interprets the probate code, that is often referred to as a mistake of law, which Florida probate appellate attorneys can seek review of, or can appeal
• In Palm Beach and Ft. Lauderdale, your Florida estate lawyer seeks review, or an appeal, before the 4th District Court of Appeal
• Some, very few, probate law firms West Palm Beach, have attorneys who arespecialists in appeals of Florida rulings.  I only know of probate law firm Florida which has a Florida Bar Board Certified attorney in appellate law
• In will contests and probates Palm Beach trials, a court has great discretion
• When that discretion is abused, that may be cause for an appeal
• What constitutes abuse of discretion by a Florida probate court judge?
• Well, a recent, January 27, 2016 4th DCA appeal out of Ft. Lauderdale defines “abuse of discretion“
• Although the case of Prewitt Enterprises LLC v. Tommy Constantine Racing, LLC is NOT a probate appeal, it is still important
• Actually business litigators West Palm Beach may wish to read this case, 4D11-4208, since it deals with a business agreement and disagreement, and allegations of breach of contract and fraudulent inducement
• Here is the link to read this 4th DCA case on abuse of discretion:http://4dca.org/opinions/Jan.%202016/01-27-16/4D11-4208.op.pdf
• A motion for an out of state, non Florida attorney, to appear in the case via a motion pro hac vice, was denied and this ruling was appealed
• Abuse of discretion was the standard of review for the 4th DCA
• Discretion is abused when the judicial action, such as a finding or order, or denial of relief, is arbitrary, fanciful or unreasonable, which is another way of saying that discretion is abused only where no reasonable person would take the view adopted by the trial court–that is what the Palm Beach appeals court said
• Want to read more about the abuse of discretion standard for Florida estate appeals?
• Read Canakaris v. Canarakis, 382 So. 2d 1197, 1203 (Fla. 1980)