Have you been serving as the West Palm Beach personal representative for years because of one heir’s baseless Florida probate litigation? You may be able to dismiss an action just because the other side has neglected to prosecute it. But how? Estate lawyers in Florida are well versed in the process of getting an Order for Dismissal for Lack of Prosecution? What do you need to know? You can start by reading this recent appeal from West Palm Beach and then follow up with a consultation from an experienced Florida trust lawyer.
Failure to Prosecute
- Prosecution does not just occur in criminal cases contrary to the way law and order makes it look.
- Estate lawyers in Florida know that if they want to bring a will contest in probate court they have to actually prosecute it and not let it sit on the Court docket.
- Failure to do so could lead to a dismissal for failure to prosecute.
- There are rules for that procedure and if you want to read the whole rule you can check out Florida Rule of Civil Procedure 1.420(e).
- The basics are this, if a probate litigation attorney neglects a case for ten months the other side or the clerk can issue a notice that in sixty days the case will be dismissed.
- Florida probate lawyers know that all they have to do to stop this from moving forward is well, anything.
- You just have to show some record activity on the case.
- Has your Florida estate lawyer neglected your case for too long?
- Watch out you do not want to see it be dismissed for lack of prosecution.
- Check out this recent case out of the Fourth District Court of Appeal to learn more.
HSBC v. Cochrane
- This was an appeal from a foreclosure action.
- The bank’s case was dismissed for failure to prosecute.
- Probate attorneys Florida know that there are strict rules for when this remedy can be applied.
- Do you know what they are?
- Apparently neither did opposing counsel or this trial court because on appeal the order was reversed for failure to follow the rules.
- This was a mere few days after a notice of mediation had been filed.
- That is just not going to cut it.
- Florida estate attorneys know that even a notice of mediation is record activity that stops the court from dismissing for lack of prosecution.
Want to learn more?
Check out the entire case by clicking here.
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