ANNA M. SOMOGYI AND ROBERT SOMOGYI, APPELLANTS,
v.
B. NANDOR NEVAI, APPELLEE

Fla. 4th DCA | 2006-02-22
No. 4D05-3234
WARNER, TAYLOR and MAY, JJ., concur.
920 So. 2d 828 Florida District Court of Appeal, Fourth District (2006) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We grant appellee’s motion to dismiss this appeal for lack of jurisdiction. The “Order Denying Motion to Dismiss Petition for Revocation of Portions of Will and Related Relief’ does not finally determine a right or obligation of an interested person under Fla. R.App. P. 9.110(a)(2), where it merely denies a motion to dismiss and does not revoke the probate of the will. See Sanchez v. Masterhan, 837 So. 2d 1161 (Fla. 1st DCA 2003).

Dismissed.

WARNER, TAYLOR and MAY, JJ., concur.


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  • …to dismiss “was not an order finally determining the rights of either party to the proceeding....” We are bound by this decision. Moreover, we note that we dismissed an appeal from an order denying a motion to dismiss a petition in Somogyi v. Nevai, 920 So. 2d 828 (Fla. 4th DCA 2006). The first district ruled similarly in Sanchez v. Masterhan, 837 So. 2d 1161 (Fla. 1st DCA 2003). In re Estate of Pavlick, 697 So. 2d 157 (Fla. 2d DCA 1996), cited by appellants, is distinguishable and unpersuasive authority in t…

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