Mosley v. Thomas

District Court of Appeal of Florida

Mosley v. Thomas

402 So. 2d 594, 1981 Fla. App. LEXIS 20931

CourtDistrict Court of Appeal of Florida

DecidedAugust 26, 1981

DocketNo. 80-1016

StatusPublished

This text of 402 So. 2d 594 (Mosley v. Thomas) 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

Mosley v. Thomas, 402 So. 2d 594, 1981 Fla. App. LEXIS 20931 (Fla. Ct. App. 1981).

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Opinions

DAUKSCH, Chief Judge.

This is an appeal from an order denying summary administration of an estate. It is alleged in the petition that Isaac Mosley died in 1924 leaving a wife and various children and owning two pieces of real estate. Because there is no showing in the record how the properties were held, that is whether solely or as a tenancy by the entir-eties; and because at least one of the properties was homestead and not to be included in this type of proceeding, we can make no meaningful resolution of the matters raised on appeal. We cannot at this time state any opinion as to the correctness of the order on appeal as far as it pertains to the multiple estate proceedings because the record was not made below to sufficiently establish the status of the title to the property at the time of death of Isaac Mosley and at present.

Therefore we affirm that portion of the order appealed which denies summary administration, decline ruling on the remainder of that order without prejudice to the appellant to properly petition the court as the law requires.

AFFIRMED.

COBB, J., concurs. SHARP, J., concurs specially with opinion.

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DAUKSCH, Chief Judge.

This is an appeal from an order denying summary administration of an estate. It is alleged in the petition that Isaac Mosley died in 1924 leaving a wife and various children and owning two pieces of real estate. Because there is no showing in the record how the properties were held, that is whether solely or as a tenancy by the entir-eties; and because at least one of the properties was homestead and not to be included in this type of proceeding, we can make no meaningful resolution of the matters raised on appeal. We cannot at this time state any opinion as to the correctness of the order on appeal as far as it pertains to the multiple estate proceedings because the record was not made below to sufficiently establish the status of the title to the property at the time of death of Isaac Mosley and at present.

Therefore we affirm that portion of the order appealed which denies summary administration, decline ruling on the remainder of that order without prejudice to the appellant to properly petition the court as the law requires.

AFFIRMED.

COBB, J., concurs. SHARP, J., concurs specially with opinion.

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Bluebook (online)

402 So. 2d 594, 1981 Fla. App. LEXIS 20931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mosley-v-thomas-fladistctapp-1981.

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