Search Results: sanctions

What if the opposing party in a guardianship lawsuit or inheritance dispute disobeys the West Palm Beach probate court? What if they disobey the Florida court willfully? What if the opposing party is making discovery impossible for your Delray Beach probate litigator? What if an opposing party’s actions are causing an “unreasonable delay”? If you are involved in trust and estates or guardianship litigation, and the opposing part is deliberately going against the court, you may be entitled to sanctions.

Florida probate lawyers know that failure to appear at a hearing could  result in dismissal. Can you appeal such a sanction in Florida probate litigation? A recent appeal from the Second District Court of Appeal shows Florida estate attorneys the standard for such a harsh sanction. Want to learn more?

Failure to follow the orders of the Florida probate court during probate litigation is going to lead to the imposition of sanctions. What can Florida probate lawyers do after the court imposes sanctions? Depending on the sanction itself you may be able to appeal. How can estate lawyers in Florida know whether or not the sanctions are too severe? Check out this recent case to learn more.

Florida probate litigation can get heated, and given the parties involved  it often gets personal. Florida probate lawyers know that the Court has little tolerance for shenanigans. If your estate litigation Florida is being stalled by the antics of a Defendant, you may want to read this recent case out of the Fourth District Court of Appeal. 

When Florida probate litigation law firms don’t follow the Florida Rules of Civil Procedure, bad legal things can happen.  When clients don’t follow a judge’s order, REALLY bad things can happen.  Here is a recent contempt case from Florida’s 2nd District Court of Appeal.  It is not a Palm Beach probate case. Rather, it is a real estate holding company case involving allegations of fraud and investment losses, what commercial litigation lawyers in Florida often refer to as ‘commercial litigation’ or contract or corporate litigation.  Here is the opinion in the case of Menke v. Wendell, 40 Fla. L. Weekly D 2515, issued November 6, 2015:http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2015/November/November%2006,%202015/2D15-2144.pdf

Usually every Wednesday the Fourth District Court of Appeal  releases its newest decisions online. Did you hear about the special release of a case on August 37, 2015 (a Thursday)? A special case was released detailing due process procedures necessary for certain sanctions. Have you been sanctioned by the Court in West Palm Beach without due process? Learn more on how to get that sanction vacated in your West Palm Beach probate dispute.

What happens if you are in the middle of a probate dispute West Palm Beach  & the other side does something bad in court?  Can a probate judge in Florida issue sanctions, or sanction, bad conduct in a will contest or fraud trial?  An August 7, 2015 Florida Appeals court case, not a probate case, illustrates the authority and power of a Florida court, in this case Florida’s 5th District Court of Appeal, to sanction bad conduct.  Can you sanction a Florida probate lawyer and not necessarily just her client?  

Has the other side in a will contest or guardian dispute in  West Palm Beach willfully disobeyed the Court? Are they making discovery impossible? Have you considered bringing this up to the Court? You may be entitled to sanctions. Check out this new case out of the Fourth District Court of Appeals.

Have you been found in contempt of court in a West Palm Beach    probate matter? Do you want to appeal that order and avoid paying sanctions? Did you know that in order to appeal an order in West Palm Beach probate court you will have to preserve the record on appeal. Was there a court reporter present? If not you may have lost your right to get your appeal heard in Court. Take a look at what happens in this Fourth District Court of Appeals case where the attorney failed to preserve the record.

Are you a Palm Beach trustee attempting to defend a lawsuit against   a beneficiary or other party? Has the plaintiff repeatedly refused to follow court orders pertaining to discovery or other routine matters? Have you considered sanctions? Normally sanctions are limited to costs which may seem inconsequential to you, but did you know that dismissal of the action might also be a sanction?