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Is there any downside to dropping one of 2 claims in a

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Florida Probate lawsuit when further...
Is there any downside to dropping one of 2 claims in a Florida Probate lawsuit when further information has rendered that claim void?
Scenario: A contestant in a Probate Lawsuit alleges, inter alia, that the decedent was "incompetent" at the time of the signing of the will. The reason for the alleged incompetency claim was a repeated loss of memory as well as repetitive statements by the decedent observed by the Plaintiffs. However, subsequent to the filing, proffered testimony from witnesses at the signing of the will indicates he was fully competent. It therefore seems appropriate, in the best interests of all parties involved, including the Court, that said claim be dropped. That the lawsuit then only proceed on the issue of the 2 other counts of "undue influence", and "Interference with testamentary expectations".
Questions:
1. Can the court refuse to allow the dropping of the claim?
2. Can the fact that even though the claim was made in good faith, dropping it before trial might suggest something negative about the Plaintiffs and prejudice the judge and/or jury against them?
My own opinion is that it is the right thing to do. Furthermore it would, if it had any effect at all on the judge and jury, have a beneficial one.
How say you?
Submitted: 6 months ago.Category: Business Law
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Answered in 3 minutes by:
1/6/2018
Business Lawyer: RayAnswers, Attorney replied 6 months ago
RayAnswers
RayAnswers, Attorney
Category: Business Law
Satisfied Customers: 48,126
Experience: I have 30 years as a business lawyer in Texas
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Business Lawyer: RayAnswers, Attorney replied 6 months ago

1. Here you should amend your pleading, first amended ....and remove the claim.You would need to motion the court for leave to amend and it is to be freely granted.Once granted you can amend here.It is a pleading issue this is proper way to do that and remove it.

2.No it would not have any effect.

If you are in trial you can ask for trial amendment here to drop it and other side should not oppose.I don't see this hurting you, each claim is independent.You just would have court drop it from case and instruct jury to not infer anything from it.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.Good luck here.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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