GEORGIA NELSON, APPELLANT,
v.
SARAH HOFFMAN, ET AL., APPELLEES
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The Florida Supreme Court dismissed an appeal from a circuit court's dismissal of a probate appeal. The court found the appeal to the Supreme Court lacked merit because the initial appeal to the circuit court was properly dismissed for failing to follow statutory probate appeal procedures.
Yes, the circuit court's dismissal was proper because the appeal from the county judge's court failed to follow the statutory procedure for probate appeals. Therefore, the appeal to the Florida Supreme Court is without merit and should be dismissed.
“As the statutory procedure regulating appeals in probate matters was not observed, it is manifest that the order of the Circuit Judge dismissing without prejudice the appeal taken from the County Judge's Court was proper”
Establishes the reasoning for affirming the circuit court's dismissal.
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Join FLexlaw to unlock all legal intelligenceA county judge declared a will void and refused probate. The appeal to the circuit court was dismissed without prejudice, apparently because original …
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Whitfield, J.
It appears that in proceedings taken for that purpose the County Judge of DeSoto County declared null and void a purported will of Mary Thorwith and refused to admit it to probate. An appeal taken to the Circuit Court was “dismissed without prejudice,” apparently because the original papers and not certified copies thereof were transmitted to the Circuit Court on the appeal. The appellees move to dismiss this appeal.
In Garner v. Garner, 83 Fla. 143, 90 South. Rep. 819, it was held that the provisions of Chapter 7841, Acts of 1919, regulating appellate procedure, were applicable to appeals in civil actions at law taken from the County Judge’s Courts to the Circuit Courts, and that such pro visions were not applicable to appeals taken in probate matters. See Rev. Gen. Stats. Secs. 2923, 2924.
As the statutory procedure regulating appeals in probate matters was not observed, it is manifest that the order of the Circuit Judge dismissing without prejudice the appeal taken from the County Judge’s Court was proper; and the appeal to this court from that order is without substantial merit and should be and is hereby dismissed.
Browne, C. J., and Taylor, Ellis and West, J. J., concur.