Swartz v. Lieberman

District Court of Appeal of Florida

Swartz v. Lieberman

712 So. 2d 479, 1998 Fla. App. LEXIS 8157, 1998 WL 374882

CourtDistrict Court of Appeal of Florida

DecidedJuly 8, 1998

DocketNo. 98-1497

StatusPublished

This text of 712 So. 2d 479 (Swartz v. Lieberman) 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

Swartz v. Lieberman, 712 So. 2d 479, 1998 Fla. App. LEXIS 8157, 1998 WL 374882 (Fla. Ct. App. 1998).

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Opinion

ORDER DISMISSING APPEAL

PER CURIAM.

This is an appeal from an order determining entitlement to attorney’s fees in a probate proceeding, with the amount to be determined after an evidentiary hearing. We agree with the fifth district that an order which only determines entitlement to fees does not “finally determine a right or obligation of an interested person as defined in the Florida Probate Code.” Fla.R.App.P. 9.110(a)(2). Rehman v. Estate of Frye, 692 So.2d 956 (Fla. 5th DCA 1997). We there[480]*480fore dismiss the appeal without prejudice to appeal the final order determining amount.

KLEIN, SHAHOOD and TAYLOR, JJ., concur.

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ORDER DISMISSING APPEAL

PER CURIAM.

This is an appeal from an order determining entitlement to attorney’s fees in a probate proceeding, with the amount to be determined after an evidentiary hearing. We agree with the fifth district that an order which only determines entitlement to fees does not “finally determine a right or obligation of an interested person as defined in the Florida Probate Code.” Fla.R.App.P. 9.110(a)(2). Rehman v. Estate of Frye, 692 So.2d 956 (Fla. 5th DCA 1997). We there[480]*480fore dismiss the appeal without prejudice to appeal the final order determining amount.

KLEIN, SHAHOOD and TAYLOR, JJ., concur.

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Bluebook (online)

712 So. 2d 479, 1998 Fla. App. LEXIS 8157, 1998 WL 374882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swartz-v-lieberman-fladistctapp-1998.

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