Are you involved in a West Palm Beach will contest or trust dispute? Has the other side filedaffidavits or made other disparaging and false comments about you under oath? Are you considering filing an action for defamation or slander? First you may want to take a look at a recent case out of the Fourth District Court of Appeals that highlights a major issue you will have to battle – immunity. Do you know Florida’s rules on litigation immunity?
Defamation and Slander
- Experienced Palm Beach probate litigators know that one unfortunate part of a will contest is often the defamation of the decedent.
- What is one very easy way to get a court to recognize the lack of testamentary capacity?
- Share the deepest and more embarrassing aspects of their personal life in open court?
- That is one way.
- This also can happen with live parties to try to show how they defrauded the decedent or were bad children.
- Do you have an action then for defamation when this happens?
Absolute Privilege
- When a party files an affidavit in a pending judicial proceeding it may be protected by anabsolute privilege.
- Who decides if a statement is made in accordance with the judicial proceeding?
- This is a question for a judge.
- According to the Supreme Court the issue has to be regarding a statement made in court or in pleadings involved in a case.
- Do you think you have a case for defamation?
- Is absolute privilege going to get in the way?
Zuccarelli III v. Barfield: Fourth DCA Defamation Appeal
- An appellee in a pending judicial proceeding was protected by absolute privilege from a claim of defamation.
- The trial court granted summary judgment on the matter and this was not reversed on appeal.
- Experienced Palm Beach probate litigators know how to bring defamation claims when absolute privilege will not hold up in court.
- Don’t let your reputation be taken advantage of in a Palm Beach will contest.
Want to learn even more?
Check out the entire case by clicking here!