Substituted Parties
What Happens When a Party Dies During a Lawsuit?
One of the hotly-contested issues among Florida probate lawyers in the context of inheritance lawsuits involving beneficiaries of wills and trusts is whether and to what extent appellate courts have jurisdiction over orders entered in Florida lawsuits involving last wills and testaments and lawsuits involving Florida trusts, trustees and beneficiaries.
Generally, Florida Rule of Appellate Procedure 9.110, which governs “Appeal Proceedings to Review Final Orders of Lower Tribunals and Orders Granting New Trial in Jury and Non-Jury Cases,” applies to proceedings that seek review of orders in probate and guardianship matters that finally determine a right or obligation of an interested person as defined in the Florida Probate Code.” The dissenting opinion in one recent case in the First District Court of Appeals in Florida dealt with the issue of whether the a court’s determination of whether notice of was properly served on a creditor constitutes an appealable order. Grainger v. Wald 35 Fla.L.Weekly D381b (Fla. 1st DCA February 12, 2010). (more…)
