Any Florida probate lawyer can tell you an appeal can be complicated.There are certain parts of appeals work though that everyone can remember. One such piece is that you have to preserve the record to appeal. What does that mean for Florida probate litigation? Florida estate attorneys know that this is very important if you want to have success on appeal. Want to learn more? Check out this recent appeal from the Fourth District Court of Appeals in Florida.
Preserving the Record
- What does it mean to preserve the record?
- Florida litigants have probably seen at least one TV show where the attorneys said, “let the record show.”
- But what does that mean?
- Florida will contest lawyers have to keep things on the record so that an appeals court can review them if need be.
- The burden falls on the party requesting the appeal because the other side does not care whether or not there is an appeal!
- How do you preserve the record?
- Florida estate attorneys know that is a two pronged issue.
- First of all, probate attorneys Florida have to object and try to get an issue resolved then and there.
- Failure to object waives the right later as you had to address it when it arose.
- Are there exceptions to that rule?
- The second prong is there has to be an actual physical record for the Court to review.
- What does that mean?
- It means experienced estate attorneys Florida hire court reporters to oversee the litigation.
- Where can you hire a court reporter for a Florida will contest?
Farghali v. Farghali
- This was an appeal from a dissolution of marriage case (i.e. a divorce).
- So what does this have to do with Florida probate litigation?
- More than you may think.
- Here the Court noted that the husband may have had some valid grounds but he had to preserve the issues on appeal.
- What does that mean exactly?
- Talk to Florida estate attorneys about how to preserve your rights on appeal.
- The Florida appeal court is not going to speculate about what the probate court said or did, you have to show them through the record!
- How do Florida probate attorneys keep the records preserved on appeal?
Want to learn more?
Check out the entire case by clicking here.
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