In re Estate of Daughtry

District Court of Appeal of Florida

In re Estate of Daughtry

376 So. 2d 1223, 1979 Fla. App. LEXIS 15938

CourtDistrict Court of Appeal of Florida

DecidedNovember 21, 1979

DocketNo. 79-999

StatusPublished

Cited by1 cases

This text of 376 So. 2d 1223 (In re Estate of Daughtry) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Estate of Daughtry, 376 So. 2d 1223, 1979 Fla. App. LEXIS 15938 (Fla. Ct. App. 1979).

Pincite

Opinion

PER CURIAM.

This is an appeal of an order revoking an order of discharge and reopening the administration of an estate. The order was entered upon the motion of appellee and upon the simultaneous filing of a petition by the appellee seeking to revoke the probate of the will under which the estate was previously administered and the order of discharge entered. The trial court also denied appellant’s motion to deny appellee’s request to reopen the estate. We believe the order on appeal is an interlocutory order simply allowing further proceedings in the estate incidental to a resolution of the petition which seeks to revoke the probate of the estate under the prior will. As such we do not believe such order is subject to [1224]*1224review under the Florida Rules of Appellate Procedure (1977). Whether the trial court erred in entering such order may be subject to review when a final determination is made of the appellee’s petition. Accordingly, the appellee’s motion to dismiss is granted and the appeal is hereby dismissed.

DOWNEY, C. J., and ANSTEAD and BERANEK, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal of an order revoking an order of discharge and reopening the administration of an estate. The order was entered upon the motion of appellee and upon the simultaneous filing of a petition by the appellee seeking to revoke the probate of the will under which the estate was previously administered and the order of discharge entered. The trial court also denied appellant’s motion to deny appellee’s request to reopen the estate. We believe the order on appeal is an interlocutory order simply allowing further proceedings in the estate incidental to a resolution of the petition which seeks to revoke the probate of the estate under the prior will. As such we do not believe such order is subject to [1224]*1224review under the Florida Rules of Appellate Procedure (1977). Whether the trial court erred in entering such order may be subject to review when a final determination is made of the appellee’s petition. Accordingly, the appellee’s motion to dismiss is granted and the appeal is hereby dismissed.

DOWNEY, C. J., and ANSTEAD and BERANEK, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

376 So. 2d 1223, 1979 Fla. App. LEXIS 15938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-daughtry-fladistctapp-1979.

Opinion

Related

Cite This Page — Counsel Stack