IN RE ESTATE OF THOMAS DEWITT NOLAN, DECEASED. GLADYS H. NOLAN, EXECUTRIX OF THE ESTATE OF THOMAS DEWITT NOLAN, DECEASED, APPELLANT,
v.
CITY OF NORTH MIAMI, A FLORIDA MUNICIPAL CORPORATION, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Supreme Court must dismiss the appeal because it lacks jurisdiction to review the District Court of Appeal's decision on whether a probate order was final.
The District Court of Appeal dismissed an appeal from a county judge's probate order, deeming it non-final and thus unreviewable. The appellant appeal…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Certiorari Review cases and more on FLexlaw
The District Court of Appeal, Third District, sua sponte, dismissed an appeal1 taken from an order of the County Judge in a probate matter because such order was not reviewable on appeal.2 From such decision of the District Court an appeal has been prosecuted to this court.
Because of our proscribed jurisdiction to entertain appeals from the District Courts of Appeal3 we, too, are requir*154ed, sua sponte, to dismiss the appeal in this court. The decision of the District Court of Appeal is not, on its face or inherently one falling within the orbit of our jurisdiction to review on appeal. The District Court very properly held that only final orders or decrees of county judges in probate matters were reviewable by it on appeal. Appellant’s complaint is that the District Court erred in holding the questioned order was not a final one. This question is beyond our reach on appeal, although, upon proper application and a showing of a conflict of such decision with decisions of this court or other District Courts of Appeal, such question could be reviewed here on certiorari.4
Appeal dismissed.
THOMAS, C. J., and TERRELL, HOB-SON and ROBERTS, JTT., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- In re Est. of Thomas DeWitt Nolan v. City OF N. Miami, 114 So. 2d 341 (Fla. 3d DCA 1959)