Search Results: declaratory

A recent case from the Fourth District Court of Appeal (DCA) discusses the defendant’s legal ability, in Florida, to ask a Florida court to transport, or dismiss, a Florida lawsuit to another state that is more convenient. The legal doctrine of forum non conveniens may be invoked by a party under certain circumstances.It is important for people involved in Palm Beach trust lawsuits to understand that motions to dismiss, and the choice of a court room to handle a trial, are actually trials before the trial. These trials before the trial require limited discovery, witnesses, documents, and evidence . Probate attorneys know that a motion to dismiss for lack of personal jurisdiction or a motion to dismiss based upon forum non conveniens can be important for strategic, legal, and financial reasons.

How can two people read a trust document and believe it says completely different things?  It happens all the time! Florida trust beneficiaries can interpret the trust document one way, while other beneficiaries, or the trustee, interpret it another way. This can happen even in the face of so-called “clear” trust language.   When this happens, a way to resolve the difference is to file a declaratory judgment action and ask a judge to read the trust document and tell everyone what it says. If the trust document is clear and un-ambiguous, the court may be able to rule without the necessity of a trial.

Most probate cases are handled by a bench judge so if you are seeking a jury trial for your case, make sure you talk to an experienced, trial seasoned, probate attorney. How do I get a jury trial for my probate case? Hello my name is John Pankauski. My law firm handles, throughout Florida, trials, disputes and appeals involving wills, trust,, estate and business transactions. So you want a jury trial for your probate case? Well that depends on what you are asking for. Why? Because most will contest cases, most probate cases are bench trials. A judge is going to decide those important matters such as things like rescission, equitable relief, declaratory relief non-jury matters. Do you know the secret to getting a jury trial with your inheritance lawsuit or your probate case? Talk to an experienced probate trial lawyer. I’m not talking about an estate planning attorney or a probate lawyer who says they go to court a lot. Interview your probate lawyer and ask him/her if they actually try cases, how many cases they have tried, how many times they are in court, how they conduct depositions and how many appellate courts there in. If they’re handling trial sand appeals, they’re going to be in every case, they’re going to be many cases and in most district courts of appeal and they’re going to be used to trying cases and they will know the evidence code, the rules of civil procedure as well as the probate code.

Can you file a motion to have a trust and estates lawsuit moved to a different venue? Can you ask the probate court to transfer venue from one county to another? If a venue is inconvenient for the parties and witnesses, what can you do? What should your West Palm Beach trust lawyer know about the doctrine of non conviens? What if you sue someone from out of state or from a different city? Probate attorneys know that, if you sue someone who lives out of the state or country, they may argue that the Florida court lacks personal jurisdiction over them, or that, another state is more convenient for litigation. Can you really have a trust and estates lawsuit dismissed based upon “convenience?” A July 26, 2017 Fourth DCA opinion thoroughly discusses the doctrine of forum non conveniens and a motion to transfer venue to a different county within Florida.

Condominium association appeal turns setbacks into success in dispute with City of West Palm Beach and hotel developer – by Robert Hauser 

Is your brother or sister “messing” with your inheritance? If so, can you sue them in a Florida probate court ? Can you sue a sibling for tortious interference of your inheritance if your sibling convinced your dad to write you out of his Florida will? You may have heard of tortious interference but do you know when you have a strong claim for it in probate litigation?

What can you do if a family member is trying to steal your inheritance? Can you sue a sibling for tortious interference of your Florida inheritance if your sibling convinced your dad to write you out of his Florida will? What is tortious interference? How do you know if you have a good case? You should read Slosberg v. Giller and consult with an experience probate litigation lawyer.

Florida’s 4th District Court of Appeal issued a very important Florida attorneys fees opinion.  IIt involved the so called Offer of Judgment rule. You should read MYD Marine Distributor, Inc. v. International Paint Ltd..  It held that Florida’s offer of judgment statute, 768.79, may be limitedly available or applicable in cases where monetary, and non-monetary, damages are both sought.

Do you know what a power of appointment is under Florida trust law? This, like a lot of probate law is an area where if you don’t “use it” you will certainly “lose it.” Want to learn more? Check out this recent case from the Supreme Court of Georgia.

A February 3, 2016 4th District Court of Appeal opinion in the case of Gort v. Gort, 4D14-3830, provides Florida GuardianshipLawyers with insight into a final summary judgment order and an order on attorneys fees.  (Note: picture above courtesy of www.freeimages.com and are actors and do not depict the parties) Here is a copy of the 4th DCA guardianship opinion: http://4dca.org/opinions/Feb%202016/02-03-16/4d14-3830.CO-op.WR.dissent.pdf