Boyes, Farina & Matwiczyk

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Monthly Archives:September 2019

Wilson v. Wilson – 4th DCA, August 14, 2019

September 26, 2019

This recent Fourth District Court of Appeal opinion reminds us of the fundamental concepts of contract law as they relate to a decedent’s estate.

In Wilson, Marilyn Wilson and her late spouse, Paul Wilson, were married in 2011.  Prior to their marriage, they entered into a prenuptial agreement, wherein the couple waived their right to an elective share.  The prenuptial agreement did allow the couple to make testamentary gifts to each other, by way of will or codicil, and without invalidating the prenuptial agreement. …


Temporary Injunctions in Estate, Trust and Guardianship Litigation

September 12, 2019

Florida courts use the extraordinary remedy of imposing temporary injunctions only sparingly, and grant temporary injunctions only when the allegations proof of the facts support the entry of this relief.  

“A party seeking a temporary injunction must prove: (1) that it will suffer irreparable harm unless the status quo is maintained; (2) that it has no adequate remedy at law; (3) that it has a substantial likelihood of success on the merits; (4) that a temporary injunction will serve the public interest.” Jouvence Ctr.