In contested probate and trust proceedings, if you hear the word “jurisdiction” being used as part of the litigation, it’s probably coming up in one of two contexts. Either your probate judge didn’t have the legal authority to …
Wrongful Death Claims
3d DCA says yes to Florida’s “relation back” doctrine
By Juan C. Antúnez on
Posted in Wrongful Death Claims
University of Miami v. Wilson, __ So.2d __, 2006 WL 1687685 (Fla. 3d DCA June 21, 2006)
The doctrine referred to in the headline for this blog post comes up most often in wrongful-death cases. For whatever reason the …
Forgetting That Wrongful Death Claims Are Litigated Within the Context of Probate Proceedings Can Be a VERY Costly Mistake
By Juan C. Antúnez on
Posted in Wrongful Death Claims
Second DCA Reverses Trial Court’s Grant of $410,300 in Attorneys’ Fees
Martinez v. Ipox, __ So.2d __ (Fla. 2d DCA April 07, 2006)
Probate issues do not, as they say, “drive the train” in wrongful death cases. But, as …
Court says YES to dismissal of personal injury action based on plaintiff’s failure to file a timely motion to substitute a party defendant within 90 days after a suggestion of death was filed
By Juan C. Antúnez on
Posted in Wrongful Death Claims
Martin v. Hacsi, 2005 WL 1842678 (Fla. 5th DCA August 5, 2005) (Trial Court Affirmed) Counsel for the defendant in a personal injury action filed a motion for enforcement of Florida Rule of Civil Procedure 1.260(a) based …
Wrongful Death Act: Decedent’s Adult Children Have Standing to Object to Wrongful Death Action Settlement Terms and a Right to a Hearing on Their Objections
By Juan C. Antúnez on
Posted in Wrongful Death Claims
Brunson v. McKay, 2005 WL 1677939 (Fla. 2d DCA July 20, 2005) (Trial Court Reversed)
Polk County Judge Ronald A. Herring was apparently convinced that the decedent’s adult children had a negligible interest, if any, in a …
Establishment of legal guardianship not required to enforce minor’s pre-injury arbitration agreement
Global Travel Marketing, Inc. v. Shea, 2005 WL 1576244, 30 Fla. L. Weekly S511 (Fla. July 7, 2005) (Fourth DCA Reversed)
In a case that is sure to be of interest to personal injury attorneys (and the …
Court says NO to holding personal representative personally liable for attorney’s fees and costs in unsuccessful wrongful death lawsuit
By Juan C. Antúnez on
Posted in Wrongful Death Claims
Beseau v. Bhalani, 2005 WL 1488584 (Fla. 5th DCA June 24, 2005) (Trial Court Reversed) In the underlying wrongful death suit, the defendants prevailed after a jury trial. They then obtained an order awarding attorney’s fees and …