WILLIAM G. TYLER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANN H. TYLER, DECEASED, AND MRS. H. W. HIERS, SOLE HEIR AND PROVISIONALLY UNDER THE WILL OF ANN H. TYLER, DECEASED, APPELLANTS,
v.
LAWRENCE HUGGINS, AS FATHER AND NEXT FRIEND OF DONALD HUGGINS, A DECEASED MINOR, AND LAWRENCE HUGGINS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF THE DECEASED MINOR, DONALD HUGGINS, APPELLEES
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.
Tyler, as administrator of Ann H. Tyler's estate, appeals an order setting aside his letters of administration for failure to designate a resident agent as required by Florida law. The court dismisses the appeal on the ground that the order is not final and appealable.
The order is not final and therefore not appealable. Florida law mandatorily requires nonresident administrators to designate a resident agent before letters are issued, and letters issued without such designation are void. However, the immediate order concerning the claim is not a final determination as to the parties' ultimate rights.
“Before any nonresident of Florida shall be issued Letters upon any estate, such nonresident * * * shall designate some resident of said county as his agent Or attorney for the service of process”
Establishes the mandatory statutory requirement for nonresident administrators to designate a resident agent before receiving letters of administration.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAnn H. Tyler died in an automobile accident involving minor Donald Huggins, who also died. William G. Tyler, a Georgia resident, was appointed adminis…
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 Finality Of Orders For Appeal cases and more on FLexlaw
This is an appeal by William G. Tyler as personal representative of Ann H. Tyler, deceased, from an order of the county judge setting aside and declaring void ab initio letters of administration, cum testamento annexo, issued to William G. Tyler, and permitting the filing of a claim against said estate by Lawrence Huggins as personal representative of Donald Huggins, deceased.
Ann H. Tyler, a resident of Brevard County, died as a result of an automobile accident in which Donald Huggins, a minor, was also killed. William G. Tyler, a resident of Columbus, Georgia, was appointed administrator, and letters of administration were issued. No designation of resident agent was filed.
Letters of administration were later set aside upon the production of a will of the deceased, and the same William G. Tyler was appointed Administrator, Cum Testa-mento Annexo, of said estate. Again, there is no designation of resident agent.
Florida Statutes Annotated 732.47(2), F. S.A. provides in part:
“Before any nonresident of Florida shall be issued Letters upon any estate, such nonresident * * * shall designate some resident of said county as his agent Or attorney for the service of process * *
The Statute is mandatory in that the Letters of Administration and the Letters of Administration, C.T.A., should not have been • issued until the ’ requirements of the statute had been complied with.
*241Every personal representative of an estate is required by § 733.15, F.S.A., to cause notice to creditors to be published ■after issuance of Letters Testamentary or Administration. The publication of Notice to Creditors prior to the issuance of valid Letters of Administration is a nullity, and the statute of non-claim does not begin to run until the publication of a notice after the issuance of valid Letters of Administration.
The statutes do not prevent a claim from being filed any time after the Petition for Letters is filed even though Letters have not been issued. The Order appealed from in this case is not .a final Order and is not appealable. § 732.15, F. S.A.; Article V, §§ 4 and 5, Florida Constitution, F.S.A. The finality of an Order, such as the one we are concerned with here, depends upon the party aggrieved; that is, whether the Order appealed from finally determined the particular question as to such party. The Order on the filing of a claim, if adverse to the claimant, would have been a final determination of his rights and therefore would have been appealable. In Re Nolan’s Estate, Fla.App. 1959, 114 So.2d 341. A claim filed as in this case can be objected to by the personal representative of the estate, and the issue thereafter settled as provided by the statutes.
Accordingly, the appeal is dismissed.
WHITE, Acting C. J., concurs.
FUSSELL, CARROLL W., Associate Judge, concurs specially.
Associate Judge (concurring specially.)
I concur only on dismissal of the appeal for the sole reason that the order appeajed from is not a final order.
Associate Judge (concurring specially.)
I concur only on dismissal of the appeal for the sole reason that the order appeajed from is not a final order.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
-
Bennett's Leasing, Inc. v. First St. Mortg. Corp., 870 So. 2d 93 (Fla. 1st DCA 2003)…pursue a claim even though the last order of the probate court may not have been entered,” Howard v. Baumer, 519 So. 2d 679, 681 (Fla. 1st DCA 1988), it is not clear that an order merely substituting fiduciaries is appealable. See Tyler v. Huggins, 175 So. 2d 239, 240 (Fla. 2d DCA 1965) (disallowing appeal from an "order ... setting aside and declaring void ab initio letters of administration”); In re Estate of Maxcy v. Stulting, 165 So. 2d 446, 447 (Fla. 2d DCA 1964) (disallowing appeal from an order accept…
-
In re Est. of Michael R. Baker v. Baker, 327 So. 2d 205 (Fla. 1976)…thy Baker, who remained in intensive care from severe burns in the same accident from which the son had recently died. Oral argument was dispensed with as unnecessary.1 The refusal of the Third District to consider the appeal cited Tyler v. Huggins 175 So. 2d 239 (Fla.App.2d 1965), as shown on the copy of its order in the record before us; such dismissal was a misapplication of the rule in Tyler which is a classic ground of our conflict jurisdiction.2 Tyler dealt with two points, the first being akin to the…
-
Clement v. Aztec Sales, Inc., 283 So. 2d 68 (Fla. 4th DCA 1973)…ion for certification be and the same are Denied. CROSS and MAGER, JJ., concur. . Shannon v. Shannon, Fla.App.1962, 136 So. 2d 253; Bumby & Stimpson, Inc. v. Peninsula Utilities Corp., Fla.App.1965, 179 So. 2d 414; Tyler v. Huggins, Fla.App.1965, 175 So. 2d 239. . Warren v. State, Fla.App.1965, 174 So. 2d 429, where a somewhat similar matter was considered with the result to be distinguished by reason of the fact that there was no conflict existent between the statute and the appellate rule.…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In re Est. of Thomas DeWitt Nolan v. City OF N. Miami, 114 So. 2d 341 (Fla. 3d DCA 1959)