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Appealing Your Florida Probate Case: Was There an Erroneous View on the Law


Appealing your Florida Probate case.

An erroneous view of the law may get you another bite at the apple. If you’re involved in a probate, estate or a trust case, was there an erroneous view of the law? You know, many times trial courts, probate courts, when judges make rulings, they’re reviewed on appeal and that standard of review can vary depending on the matter that’s before the appellate court.

Many times, a trial court or a probate court will be subject to the abuse of discretion standard of review. Did the trial court or the probate court Judge abuse their discretion? And if somebody just gets the law wrong, what they call “an erroneous view of the law”, that’s abuse of discretion and that’s error subject to reversal.  

There is a recent case that discusses this issue. It’s a February 20th, 2019 case from Florida’s Fourth District Court of Appeal; The Federal Express Corporation v. Sims case. You can read that free of charge by going to the Fourth District Court of Appeal website, clicking on Opinions and scrolling down and reading it.