CHRISTOPHER KIMMEL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Bennett's Leasing, Inc. v. First St. Mortg. Corp., 870 So. 2d 93 (Fla. 1st DCA 2003)
  …. Even in probate proceedings, where appeals are allowed "from judgments and orders finally determining the substantial right of a party to pursue a claim even though the last order of the probate court may not have been entered,” Howard v. Baumer, 519 So. 2d 679, 681 (Fla. 1st DCA 1988), it is not clear that an order merely substituting fiduciaries is appealable. See Tyler v. Huggins, 175 So. 2d 239, 240 (Fla. 2d DCA 1965) (disallowing appeal from an "order ... setting aside and declaring void ab initio let…
• SUN Bank & Tr. Co. v. Jones, 645 So. 2d 1008 (Fla. 5th DCA 1994)
  …R. 5.100. Rule 5.100 has been construed to permit “appeals from judgments and orders finally determining the substantial right of a party to pursue a claim even though the last order of the probate court may not have been entered.” Howard v. Baumer, 519 So. 2d 679, 681 (Fla. 1st DCA), rev. denied, 528 So. 2d 1181 (Fla.1988). Under rule 5.100, the trial court’s order, which denied Sun Bank’s objections to Jones’ and his attorney’s fees relating to the “home plan,” is a final order. McGinnis (order approving e…
• In re the Est. OF Rose Bierman, 587 So. 2d 1163 (Fla. 4th DCA 1991)
  …finally determined the particular question as to such party.’ Id. In Baker, by contrast, all rights of the mother, Lois Baker, as to the administration of her son’s estate were terminated by the lower court’s order. Id. at 207. In Howard v. Baumer, 519 So. 2d 679 (Fla. 1st DCA 1988), rev. denied, 528 So. 2d 1181 (Fla.1988) the court, referring to Rule 5.100, stated: It has been consistently and frequently construed as permitting appeals from judgments and orders finally determining the substantial right of…

Authorities Cited

• Williams v. State, 504 So. 2d 392 (Fla. 1987)
• Williams v. State, 484 So. 2d 71 (Fla. 1st DCA 1986)