Fort Myers Probate & Trust Litigation Appeals Lawyer
Probate and trust disputes are emotional, complicated matters, and resort to the courts is often necessary to decide the matter. However, a ruling by the court is not always the last word on the matter. It is not uncommon for one party to be dissatisfied with the outcome of a trial, and in most civil cases, the losing party has the right to file an appeal. The attorneys at Kuhn Law Firm, P.A. are well-versed in all phases of litigation in Florida courtrooms, including both trials and appeals. Our Fort Myers probate & trust litigation appeal lawyers represent parties as either petitioners or respondents in probate and trust litigation appeals in Lee, Collier and Charlotte County courthouses.
Successful Appeals Require Strong Appellate Lawyers
An appeal is not another trial; it is not another chance to try the case before a judge. Rather, an appeal is an argument that a specific mistake was made during the trial that may have significantly affected its outcome. For instance, an appeal may claim:
- The judge ruled erroneously on granting or denying a motion, or sustaining or denying an objection
- Evidence was admitted or denied improperly
- The wrong instructions were given to the jury
- A juror was tainted by bias
- The judge abused his or her discretion, or acted arbitrarily or capriciously
The issue in an appeal is not whether one party should have won or lost on the merits of the case. Rather, the basis for the appeal must be a specific mistake such as those described above which occurred during the trial. Another way that appeals are different from trials is the way they are conducted. Many appeals are decided solely on the basis of detailed, written briefs submitted by the parties. Only sometimes do the judges (usually a panel of judges hear an appeal, as opposed to just one judge who rules at a trial) order oral argument. When oral argument is ordered, the procedure is tightly controlled, and the attorneys must be prepared to present their case concisely and answer any questions in a short time frame.
Good appellate lawyers must have strong writing skills that include excellent research ability and a solid grasp of the law and facts as they apply to the case, as well as the ability to write clearly, concisely and persuasively all at the same time. At the Kuhn Law Firm, you will find a team of attorneys experienced in appellate law with a record of success that demonstrates their abilities in this important area.
Our Trial Experience Makes Us Better at Appeals
Being an accomplished and successful appellate lawyer is an art, but our strength in appeals is reinforced by our experience as trial lawyers. We are conscious of the likelihood of appeal during trial and are sure to make appropriate objections and properly preserve the record for appeal. We can also ably read a trial transcript for errors on which to base an appeal, even if we were not involved in the litigation at the trial stage. Additionally, our experience preparing for and conducting trials helps us to prepare and present compelling and persuasive arguments on appeal, whether in the form of a written brief or during oral argument.
If you have been forced to endure the process of litigating the terms of a loved one’s will or trust, it is likely that you want nothing more than to move on from what has been a difficult time for you and your family. Sometimes, though, the decision in a will contest or trust dispute is far from the last word on the matter. You — or the other side in the case — may be dissatisfied with the outcome and wondering whether you have additional legal options to pursue. You may have a sense that the case should have gone the other way, or may be in the position of wanting to uphold the decision of the probate court.
Our Fort Myers probate & trust litigation appeals lawyers understand that no family wants to prolong legal action, but that sometimes, there is simply no other choice. That’s why our firm approaches probate and trust appeals committed to getting our clients their ultimate desired outcome — whether that’s upholding or overturning a probate court decision — while minimizing the time, energy and family fractures that can play a part in any estate litigation.
For experienced legal representation for an appeal of a will contest, trust dispute or any other estate claim in Florida, contact Kuhn Law Firm, P.A., today. Our Fort Myers appeals lawyers can determine your options and begin charting a way forward. Call 239-344-9430 (877-243-1624 toll free) or email us now.