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How Long Do Florida Probate Lawyers Have to File a “Notice of Appeal”?

Uncategorized • Nov 4, 2016
post about How Long Do Florida Probate Lawyers Have to File a “Notice of Appeal”?

Was your case dismissed in Florida probate court without you knowing? This may be grounds for an appeal. You have a right to due process which may include the right to a hearing. Want to appeal a dismissal without due process? Check out this recent case and talk to a Florida probate lawyer about your rights on appeal before it is too late!

Right to a Hearing

  • In many cases you have a right to a hearing.
  • Florida probate judges cannot just dismiss your case without at least giving you or your probate attorney Florida a chance to be heard.
  • Do you know why?
  • Both the Florida and Federal Constitution protect your rights to due process which includes a right to be heard.
  • So you and your Florida estate attorney may be able to appeal.
  • Do you know how long you have to file a probate appeal in Florida?

Appeal of Probate Orders

  • Florida probate courts do not reward those that sleep on their rights.
  • What does that mean?
  • It means probate lawyers in Florida may have as little as thirty days to file your appeal.
  • That is not a long time!
  • What else do Florida will contest lawyers need to worry about?
  • Check out this recent appeal to learn more.

Wells Fargo v. Gonzalez et. al.

  • This was an appeal from a standard foreclosure case.
  • So what does this thing have to do with Florida probate litigation?
  • Here the bank was appealing the fact that the case was dismissed without their consent on a defense that was not plead in the action.
  • What does that mean?
  • In plain terms it means they were ambushed and unable to prep to argue that defense.
  • This is an affront to their due process rights under the law and is grounds for a reversal.
  • Do you agree?
  • What could the trial court have done differently?

Want to learn more?

Check out the entire case by clicking here.

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