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Florida Probate Blog

Posts Tagged: jurisdiction

The Probate Exception to Federal Court Jurisdiction

Written by on Jun 3, 2009| Posted in: General

Sometimes it is beneficial for a party to file a lawsuit in the federal court system. This can be for many reasons: amount of damages, convenience, accelerated docket, formality, and the perception of getting fair and just treatment for out of state litigants. Generally speaking, disputes concerning probate matters involve petitions and appeals to the state court system as opposed to the federal courts. This is for a variety of reasons, however, the one most articulated by federal court judges for refusing to hear a probate dispute is something called the federal court jurisdiction probate exception.

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Trust Litigation and Forum Non Conveniens

Written by on Dec 17, 2008| Posted in: Trust Litigation

Second District Court of Appeals Finds Old Trust Code Inapplicable to Action Based on Undue Influence and Breach of Fiduciary Duty and Notes Distinction Between Concepts of Venue and Jurisdiction Frequently, when representing trust beneficiaries or trustees, I encounter a defensive argument that Florida isn’t the proper venue for the trust litigation. Venue is the legal concept of the appropriate location for a lawsuit to be heard by a Court. Venue is a concept distinct from jurisdiction, which focuses on the authority of a court to hear a particular case. Venue is concerned with the geographical location of the court where a lawsuit is commenced. However, unlike personal jurisdiction, there is no constitutional requirement for proper venue in order to have a valid judgment.

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