we are being sued by family over an estate. Our attorney filed a motion to dismiss. How long does it take until we here?
Also, the suit is filed in Florida, if the judge dismisses the case in florida, can the family who Filed the suit, file again in another state?
2 Answers from Attorneys
Why are you not asking your attorney these questions?
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
Attorney Jacobson is correct. It is unethical and unfair to any attorney here as well as your current attorney. No attorney on a public forum who knows nothing about your case can possibly give you a competent opinion on your case. And you going behind your attorney's back looks sneaky as if you lack confidence in him or her.
Further, why are you asking PA attorneys if the case is in Florida?
And you post no details about the case, but the answer is of course you can be sued. This is never the question to ask. You can be sued by any one at any time for any thing including this family again.
The question you should ask is not whether I can be sued but if I am sued, what is the likelihood of success? The answer to that of course is "it depends."
Dismissals of cases are either with or without prejudice. What this is means is that a case dismissed on some technicality without prejudice means the case can be re-filed, either in the same court or a different place. You can be sued generally in any state where jurisdiction over you can be obtained - meaning any state with which you have a connection in some way or own property or live. A dismissal of an action with prejudice means that a case cannot be re-filed.
And just because a case is re-filed does not mean the person suing you will win. You may have other defenses at that point. And if you ultimately prevail and can show the action was frivolous you can then sue the family for malicious abuse of process and recover all the legal fees you spent defending this.
So you need to talk things over with your FL attorney to have him/her explain why dismissal was sought and whether its likely that if the motion is granted whether these people will keep after you or not.
Related Questions & Answers
What percentage of an estate is an executrix entitled to. Asked 11/06/14, 3:46 am in United States Pennsylvania Probate, Trusts, Wills & Estates