GRACE MCDADE-HICKS, SURVIVING SPOUSE OF RICKY BERNARD HICKS (DECEASED)
v.
VICTORIA A. HICKS AND GREGORY B. HICKS

Fla. 5th DCA | 2020-06-12
No. 19-1239
Silverman, J., Cohen, J., Wallis, J., Grosshans, J.
Florida District Court of Appeal, Fifth District (2020)

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Holding

An appellant who fails to preserve an issue at trial cannot raise it on appeal, and appellate courts lack jurisdiction to review administrative orders assigning cases to county courts.


Headnotes

[1] An issue not preserved at trial cannot be raised for the first time on appeal.

[2] Appellate courts lack jurisdiction to review administrative orders that assign cases to county courts.

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Facts & Procedural History

Grace McDade-Hicks, the surviving spouse of Ricky Bernard Hicks, appealed a circuit court order determining the homestead status of real property. She…

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Opinion of the Court
Grosshans

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

GRACE McDADE-HICKS,

SURVIVING SPOUSE OF

RICKY BERNARD HICKS (DECEASED),

Appellant,

v. Case No. 5D19-1239

VICTORIA A. HICKS AND GREGORY B. HICKS,

Appellees.

______________________________________/

Opinion filed June 12, 2020

Appeal from the Circuit Court for Brevard County, David E. Silverman, Judge.

Jennifer L. Kerkhoff and Amy Romaine, of A.M. Romaine, P.A., Rockledge, for Appellant.

No Appearance for Appellees.

PER CURIAM.

Grace McDade-Hicks appeals the order Determining Homestead Status of Real Property, arguing that the lower court erred because it improperly disposed of the property when the deceased's intent was clear. In addition, she argues the county court did not have jurisdiction to enter the order because it exceeded the scope of the administrative order that assigned the case to the county court. First, because McDade-Hicks failed to

COHEN, WALLIS, and GROSSHANS, JJ., concur.

Footnotes
2 preserve the first issue, we affirm in part. See Aills v. Boemi, 29 So. 3d 1105, 1109 (Fla. 2010). Second, because this Court does not have jurisdiction to review the administrative orders that assign cases to county courts, we dismiss in part. See Wild v. Dozier, 672 So. 2d 16, 18 (Fla. 1996); Thweatt v. State, 861 So. 2d 1284, 1285 (Fla. 5th DCA 2004); Green v. State, 694 So. 2d 876, 877 (Fla. 2d DCA 1997). AFFIRMED in Part; DISMISSED in Part.

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