In re the Estate of Hayward

District Court of Appeal of Florida

In re the Estate of Hayward

463 So. 2d 446, 10 Fla. L. Weekly 309, 1985 Fla. App. LEXIS 12292

CourtDistrict Court of Appeal of Florida

DecidedFebruary 6, 1985

DocketNo. 84-1884

StatusPublished

Cited by1 cases

This text of 463 So. 2d 446 (In re the Estate of Hayward) 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.

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In re the Estate of Hayward, 463 So. 2d 446, 10 Fla. L. Weekly 309, 1985 Fla. App. LEXIS 12292 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

The personal representative for the estate of Harold Hayward brings this non-final appeal which challenges an order of the probate court denying a motion to suppress the deposition of Elnor Hayward. This matter does not come within the categories authorized by Florida Rule of Appellate Procedure 9.130(a) to be treated as a non-final appeal. We elect to treat this non-final appeal as a petition for writ of certiorari pursuant to Florida Rule of Appellate Procedure 9.040(c).

Certiorari will only be granted when a party demonstrates both a departure from the essential requirements of law and the lack of an adequate remedy by appeal. See USF & G v. Graham, 404 So.2d 863 (Fla. 4th DCA 1981); Lindsey v. Sherman, 402 So.2d 1349 (Fla. 4th DCA 1981). The personal representative has an adequate remedy by appeal. Accordingly, the writ of certiorari is denied.

ANSTEAD, C.J., and GLICKSTEIN and DELL, JJ., concur.

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PER CURIAM.

The personal representative for the estate of Harold Hayward brings this non-final appeal which challenges an order of the probate court denying a motion to suppress the deposition of Elnor Hayward. This matter does not come within the categories authorized by Florida Rule of Appellate Procedure 9.130(a) to be treated as a non-final appeal. We elect to treat this non-final appeal as a petition for writ of certiorari pursuant to Florida Rule of Appellate Procedure 9.040(c).

Certiorari will only be granted when a party demonstrates both a departure from the essential requirements of law and the lack of an adequate remedy by appeal. See USF & G v. Graham, 404 So.2d 863 (Fla. 4th DCA 1981); Lindsey v. Sherman, 402 So.2d 1349 (Fla. 4th DCA 1981). The personal representative has an adequate remedy by appeal. Accordingly, the writ of certiorari is denied.

ANSTEAD, C.J., and GLICKSTEIN and DELL, JJ., concur.

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463 So. 2d 446, 10 Fla. L. Weekly 309, 1985 Fla. App. LEXIS 12292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-hayward-fladistctapp-1985.

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