PETER L. D'AGOSTINO, LEONARD D'AGOSTINO AND HIS WIFE, KATE D'AGOSTINO, APPELLANTS,
v.
A. A. JACKSON, AS RECEIVER OF THE PROPERTY OF FLORIDA EAST COAST RAILWAY COMPANY, APPELLEE
PETER L. D'AGOSTINO, LEONARD D'AGOSTINO AND HIS WIFE, KATE D'AGOSTINO, APPELLANTS,
A. A. JACKSON, AS RECEIVER OF THE PROPERTY OF FLORIDA EAST COAST RAILWAY COMPANY, APPELLEE
114 So. 2d 430
Florida District Court of Appeal, Third District (1959)
Positive Treatment
Cited by 5 cases
Opinion of the Court
Affirmed.
HORTON, C. J., and CARROLL, CHAS., J., concur.
PEARSON, J., dissents.
(dissenting).
It is my opinion that the order appealed dismissed only the complaint and not the cause. It is not therefore a final judgment.
Dissent
PEARSON, Judge
(dissenting).
It is my opinion that the order appealed dismissed only the complaint and not the cause. It is not therefore a final judgment.
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In re Est. of Gregg Maxcy v. Stulting, 165 So. 2d 446 (Fla. 2d DCA 1964)…by an appellate court. Section 732.15, Florida Statutes, F.S.A.; Article V, sections 4 and 5 of the Florida Constitution, F.S.A. This court has so held in In re Hill’s Estate, Fla.App.1959, 114 So. 2d 462, and in Chapman v. Campbell, Fla.App. 1959, 114 So. 2d 430. Accordingly, the appeal is dismissed. ALLEN, Acting C. J., and SHANNON, J., concur.…
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In re the Est. OF Rose Bierman, 587 So. 2d 1163 (Fla. 4th DCA 1991)…on for construction of certain provision of a will); In re Maxcy’s Estate, 165 So. 2d 446 (Fla. 2d DCA 1964) (orders accepting resignation of fiduciary and requiring her to complete accounting and denying approval of account); In re Dorsey’s Estate, 114 So. 2d 430 (Fla. 2d DCA 1959). It appears that the case at bar is more akin to this category of cases than those cited by appellant. The “rights of the parties” test, as set out in the probate rule was discussed in In re Estate of Baker, 327 So. 2d 205 (Fla.1…1 / 2
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In re Est. of John T. Hill, Sr. v. Dolly B. Hill and Sole Legatee, 114 So. 2d 462 (Fla. 2d DCA 1959)…PER CURIAM. The order from which this appeal was taken is not final as provided for by Article V, Section 5(3), Constitution of the State of Florida, F.S.A., and Rule 4.4, Florida Appellate Rules, 31 F.S.A. (See Chapman v. Campbell, 114 So. 2d 430, decided by this court on September 16, 1959). An inspection of the record in the case of Johnson [*463] v. Johnson, 1946, 158 Fla. 315, 28 So. 2d 438, relied on by the appellants, divulges that that case was completed, and it was upon that status t…
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