In re the Estate of Zaloudek

District Court of Appeal of Florida

In re the Estate of Zaloudek

356 So. 2d 1326, 1978 Fla. App. LEXIS 15267

CourtDistrict Court of Appeal of Florida

DecidedApril 4, 1978

DocketNo. 77-1606

StatusPublished

Cited by2 cases

This text of 356 So. 2d 1326 (In re the Estate of Zaloudek) 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 Zaloudek, 356 So. 2d 1326, 1978 Fla. App. LEXIS 15267 (Fla. Ct. App. 1978).

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Opinion

DAUKSCH, Judge.

Appellants bring for our review an order of the trial court which quashed a subpoena duces tecum. They have designated their appeal as being an interlocutory appeal and we recognize it as such. We derive our authority for interlocutory review from Fla. [1327]*1327App. Rule 4.2. In this probate matter Fla. Probate and Guardianship Rule 5.100 also defines the right of appeal. In neither rule does a party have the right to interlocutory appeal from a non-final order in a probate action. In re Estate of Baker, 327 So.2d 205 (Fla.1976); Tyler v. Huggins, 175 So.2d 239 (Fla. 2 DCA 1965); In re Estate of Leterman, 238 So.2d 695 (Fla. 3 DCA 1970); Johnson v. General Motors Corp., 350 So.2d 1119 (Fla. 4 DCA 1977).

Appeal DISMISSED.

ALDERMAN, C. J., and MOORE, J., concur.

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DAUKSCH, Judge.

Appellants bring for our review an order of the trial court which quashed a subpoena duces tecum. They have designated their appeal as being an interlocutory appeal and we recognize it as such. We derive our authority for interlocutory review from Fla. [1327]*1327App. Rule 4.2. In this probate matter Fla. Probate and Guardianship Rule 5.100 also defines the right of appeal. In neither rule does a party have the right to interlocutory appeal from a non-final order in a probate action. In re Estate of Baker, 327 So.2d 205 (Fla.1976); Tyler v. Huggins, 175 So.2d 239 (Fla. 2 DCA 1965); In re Estate of Leterman, 238 So.2d 695 (Fla. 3 DCA 1970); Johnson v. General Motors Corp., 350 So.2d 1119 (Fla. 4 DCA 1977).

Appeal DISMISSED.

ALDERMAN, C. J., and MOORE, J., concur.

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356 So. 2d 1326, 1978 Fla. App. LEXIS 15267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-zaloudek-fladistctapp-1978.

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