IN RE ESTATE OF JOHN T. HILL, SR., DECEASED. JOHN T. HILL, JR., AND EMMA AMELIA LORETZ, APPELLANTS,
v.
DOLLY B. HILL, EXECUTRIX AND SOLE LEGATEE, ESTATE OF JOHN T. HILL, SR., APPELLEE
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 *463v. 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 the probate judge entered an order which was a final order. The instant case is not a concluded one.
The appeal in this cause be and the same is hereby dismissed.
KANNER, Acting C. J., SHANNON, J., and MOODY, JAMES S., Associate Judge, concur.
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In re Est. of Gregg Maxcy v. Stulting, 165 So. 2d 446 (Fla. 2d DCA 1964)…tate of the deceased. Such orders are not subject to review 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)…e Zaloudek’s Estate, 356 So. 2d 1326 (Fla. 4th DCA 1978); In re Leterman’s Estate, 238 So. 2d 695 (Fla. 3d DCA 1970); Tyler v. Huggins, 175 So. 2d 239 (Fla. 2d DCA 1965); In re Dorsey’s Estate, 114 So. 2d 430 (Fla. 2d DCA 1959); In re Hill’s Estate, 114 So. 2d 462 (Fla. 2d DCA 1959). Id. at 681. The instant case is more like Tyler than Baker. Unlike the order in Baker which removed the administratrix and voided the letters of administration previously granted to her, the order here has not permanently remov…
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Howard v. Baumer, 519 So. 2d 679 (Fla. 1st DCA 1988)…Tyler v. Huggins, 175 So. 2d 239 (Fla. 2nd DCA 1965); In re Maxcy’s Estate, 165 So. 2d 446 (Fla. 2nd DCA 1964); In re Sager’s Estate, 171 So. 2d 580 (Fla. 2nd DCA 1964); In re Dorsey’s Estate, 114 So. 2d 430 (Fla. 2nd DCA 1959); In re Hill’s Estate, 114 So. 2d 462 (Fla. 2nd DCA 1959). The order being challenged by appellant struck her demand for jury trial. It did not determine in any way her right to recover or proceed on her claim. As such it was merely interlocutory, administrative, and procedural in natur…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johnson v. Blanche Johnson, 158 Fla. 315 (Fla. 1946)
- D'Agostino v. Jackson, 114 So. 2d 430 (Fla. 3d DCA 1959)
- In re Est. of Ezekiel Campbell Dorsey v. Campbell, 114 So. 2d 430 (Fla. 2d DCA 1959)