There are many procedures and tactics available to probate litigators Florida, who are involved in estate disputes andguardianship matters. Just ask any elder law lawyer about the Probate Rules or the Rules of Civil Procedure. One of those tactics which may be used, mis-used, or perhaps not used enough, is the Florida Motion to Strike.
What is a motion to strike in Florida probate litigation?
- So, you need to understand the difference between the Florida Probate Rules and the Florida Rules of Civil Procedure
- Think of the probate rules as supplementing, or adding to, the Florida Rules of Civil Procedure
- Know that the Probate Rules are different than the Probate Code, which is thought of as statutory law, statutes or laws, such as Chapter 736, called the Trust Code or theprincipal & income act of Chapter 738 or Chapter 733 which contains probate laws
- Regardless, do you know what a motion to strike is ?
- Do you know how to respond to a motion to strike if some Palm Beach or Boca Raton estate litigation law firm files one against you?
Why does a motion to strike make sense in estate lawsuits Delray Beach?
- Read Florida Rule of Civil Procedure 1.140(b) and (f) if you want to know what a motion to strike is
- Talk to a Florida trust lawyer who handles lawsuits and trials if you want toUNDERSTAND when a motion to strike is appropriate or not appropriate
- It seems that when a probate lawyer does not like something, that attorney files a motion to strike some probate court-filed document
- This is not always proper or appropriate. You have to read the rules and understandwhen a motion to strike works and when it is not proper
- In a recent case, not a probate case, Parish & Yarnell, PA v. Spruce River Ventures, LLC,a December 11, 2015 Florida 2nd DCA case, No. 2D14-3239, the 2nd District Court of Appeal discusses a motion to strike
- I do not recall seeing a recent probate appeal which dealt with a motion to strike
- There are four reasons why a motion to strike may be appropriate, including to remove something irrelevant or improper from the court file or from a court filed document
- Also, if someone filed a sham pleading such as a really bad or improper will contest or made terrible allegations or accusations, a motion to strike may be appropriate
- Whether or not a motion to strike is proper in a will challenge or not can be determined by your Florida probate litgator
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