Were you just served with an order to show cause in your Boynton Beach probate lawsuit? How does an order to show cause effect your Florida probate litigation? This is a perfect question for an experienced Florida trust lawyer.
What happens when you refuse to follow a court order in Florida probate litigation? You may find that the other side’s Florida trust lawyer is pursuing the so called “death penalty sanctions” in the probate lawsuit. What are death penalty sanctions? Check out this recent probate appeal from the Texas probate court to learn more about why estate lawyers in Florida both love and hate this sanction.
Florida probate litigation can be nerve wracking enough, but when the probate court starts issuing sanctionsthings can get much worse, much quicker. Do you know the difference between a coercive sanction and a compensatory sanction? The Fourth District Court of Appeal recently handed down an interesting opinion that should be noted by even the most experienced Florida trust lawyers.
When can you appeal an issue or judgment which your probate lawyers Florida just dealt with at trial or at an evidentiary hearing? The ability to appeal an order or ruling now, rather than waiting for the end to your inheritance trial, can often create leverage or bargaining power, for people such as heirs at law or trust beneficiaries when they are involved in estate lawsuits Palm Beach. The Florida appeals rules changed over the last couple of years, with many probate appeals more accessible than ever before; or, put another way, your Boca Raton estate litigator can now appeal a number of rulings–not all of them– without having to wait until the end of yourtortious interference with an expectacy case, or after an inheritance trial such as a will contestor petition to revoke probate. BUT, if you file a frivilous probate appeal, that can cost you. Consider reading this November 25, 2015 Florida 4th DCA appeal case, whose opinion was just handed down. While it does not appear to be a probate case Florida, it holds a veryimportant point of Florida appeals law. The case is Cosner v. Park, Case No. 4D14-2543, 40 Fla. L. Weekly D 2632: http://4dca.org/opinions/Nov.%202015/11-25-15/4D14-2543.op.pdf
Is the other side refusing to cooperate with discovery in a West Palm Beach will contest? In the heat of Florida probate litigation you may find that your opponent does not want to follow the rules. Estate lawyers in Florida know that you may be able to actually get the other party’s case dismissedor their affirmative defenses could be struck!
When is a lawsuit subject to dismissal for a sham pleading? And do probate litigation law firms West Palm Beach need to know the difference between a frivolous lawsuit and one that is based upon a sham pleading? If you are involved in defending an estate or a Florida trust, consider this recent Palm Beach appeals case on sham pleadings and malicious prosecution claims in Florida. While it is not revealed if this was a probate lawsuit in Florida or not, estate lawyers in Florida should know about sham pleadings, and what you can do to defend against them. Likewise, why is important to understand what malicious prosecution is? And how you can defend it? Probate lawyers Florida should consider the following:
Are you being dragged into the West Palm Beach Appeals Court after a swift victory in probate court? You may be able to get your attorney fees paid for on appeal under Fla. Stat. 57.105. Have you read the statute that awards fees for frivolous motions, lawsuits and appeals? Check out this recent case out of the Fourth District Court of Appeal to learn more.
Are you stuck in the heat of a long family war that has turned into a probate lawsuit? The other side may be bringing up false claims and even lying under oath but what can you do to stop them? Believe it or not material misrepresentations could bring the ultimate penalty, dismissal of the other side’s entire claim! How can you get the Court to award this sanction in West Palm Beach probate lawsuits?
Are you currently serving as the personal representative in West Palm Beach? The probate judgemay issue orders you disagree with. That is part of life as a personal representative. What are your rights as far as refusing them? A recent case out of Florida shows the predicament you could be in if you knowingly and willfully disobey a court order in West Palm Beach. Learn how to avoid contempt charges through proper motion practice.
A recent case out of the Second District Court of Appeal sheds some light on how to get sanctions against the other side for frivolous lawsuits. Have you heard of Florida Statute 57.105? This statute may be able to get youattorney’s fees in West Palm Beach probate, learn how.