LOUIS BIRNBAUM, APPELLANT,
v.
RAYMOND FEINSTEIN AND MOLLIE FEINSTEIN, AS EXECUTORS OF THE ESTATE OF EMANUEL BIRNBAUM, DECEASED, APPELLEES

Fla. 3d DCA | 1961-05-01
No. 60-673
HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.
129 So. 2d 164 Florida District Court of Appeal, Third District (1961) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant seeks review of an order denying a motion to quash objections to a claim filed during the course of the probate of an estate.

An examination of the order sought to be reviewed reveals that it is an interlocutory and not a final order. This court is authorized to review only final orders or decrees of county judges’ courts pertaining to probate matters or to estates and interests of minors and incompetents. See Article V, Section 5(3), Constitution of Florida, F.S.A. See also In re Nolan’s Estate, Fla.App.1959, 114 So.2d 341.

Accordingly, this appeal should be and it is hereby dismissed.

HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.


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  • Epperson v. Rupp, 157 So. 2d 537 (Fla. 3d DCA 1963)
    …to review such an order by final appellate proceedings. In this connection, our attention has been directed to previous opinions of this court, found in: In re Nolan’s Estate, Fla.App.1959, 114 So. 2d 341, and in Birnbaum v. Feinstein, Fla.App.1961, 129 So. 2d 164, which relate to this jurisdictional question. The first opinion indicates that such an order is reviewable by this type of pro [*538] ceedings, and the latter opinion indicates that it is not. The appellant filed a claim which was objected to by a…
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