Public Health Trust of Dade County v. Kempster

District Court of Appeal of Florida

Public Health Trust of Dade County v. Kempster

439 So. 2d 1023, 1983 Fla. App. LEXIS 23596

CourtDistrict Court of Appeal of Florida

DecidedNovember 1, 1983

DocketNo. 82-2440

StatusPublished

This text of 439 So. 2d 1023 (Public Health Trust of Dade County v. Kempster) 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

Public Health Trust of Dade County v. Kempster, 439 So. 2d 1023, 1983 Fla. App. LEXIS 23596 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

The order under review is reversed upon a holding that: (a) the said order, in effect, modifies a final order of distribution in a probate proceeding, (b) the said order was entered in response to a petition for reimbursement of funeral expenses filed by the personal representative of the estate herein, which petition was untimely as a motion for rehearing under Fla.R.P. & G.P. 5.020(d) and was not a motion to vacate under Fla.R.Civ.P. 1.540(b) as the civil rules of procedure were never invoked in this case, see Fla.R.P. & G.P. 5.025(b); and (c) the trial court, accordingly, had no authority to enter said order. Shelby Mutual Insurance Co. of Shelby, Ohio v. Pearson, 236 So.2d 1 (Fla.1970); Kippy Corp. v. Colburn, 177 So.2d 193 (Fla. 1965); Fidelity & Casualty Co. of New York v. Palomino, 394 So.2d 448 (Fla. 3d DCA), pet. for review denied, 402 So.2d 609 (Fla. 1981); Al Springer Roofing Co. v. Flagler Federal Savings & Loan Ass’n of Miami, 357 So.2d 478, 479 (Fla. 3d DCA 1978).

Reversed and remanded with directions to vacate the order under review.

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PER CURIAM.

The order under review is reversed upon a holding that: (a) the said order, in effect, modifies a final order of distribution in a probate proceeding, (b) the said order was entered in response to a petition for reimbursement of funeral expenses filed by the personal representative of the estate herein, which petition was untimely as a motion for rehearing under Fla.R.P. & G.P. 5.020(d) and was not a motion to vacate under Fla.R.Civ.P. 1.540(b) as the civil rules of procedure were never invoked in this case, see Fla.R.P. & G.P. 5.025(b); and (c) the trial court, accordingly, had no authority to enter said order. Shelby Mutual Insurance Co. of Shelby, Ohio v. Pearson, 236 So.2d 1 (Fla.1970); Kippy Corp. v. Colburn, 177 So.2d 193 (Fla. 1965); Fidelity & Casualty Co. of New York v. Palomino, 394 So.2d 448 (Fla. 3d DCA), pet. for review denied, 402 So.2d 609 (Fla. 1981); Al Springer Roofing Co. v. Flagler Federal Savings & Loan Ass’n of Miami, 357 So.2d 478, 479 (Fla. 3d DCA 1978).

Reversed and remanded with directions to vacate the order under review.

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439 So. 2d 1023, 1983 Fla. App. LEXIS 23596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/public-health-trust-of-dade-county-v-kempster-fladistctapp-1983.

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