IN RE ESTATE OF DELIA A. FORAND, DECEASED

Fla. 4th DCA | 1966-01-27
No. 217
ANDREWS, Acting C. J., and WALDEN, J., concur.
182 So. 2d 278 Florida District Court of Appeal, Fourth District (1966) Negative Treatment
Cited by 2 cases

Opinion of the Court
BARNS, PAUL D., Associate Judge.

BARNS, PAUL D., Associate Judge.

This is an appeal from 'an order of the County Judge’s Court extending time to the executrix of the estate to file objections to a claim against it of some $7,000.00. The objections were timely filed in the office of the County Judge and on the attorney for the claimant, but not on the claimant-Section 733.18(2), F.S.A.

An order of the County Judge extending, time within which to file objections to a claim is an interlocutory administrative order and is not final and affords no basis, for an appeal. Section 5(3), Article V of the Constitution of Florida, F.S.A. The-case of Smoalc v. Graham, Fla. 1964, 167' So.2d 559, has not escaped our attention.

The appeal is dismissed.

ANDREWS, Acting C. J., and WALDEN, J., concur.


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  • Sutton v. Stear, 264 So. 2d 838 (Fla. 1972)
    …7 So. 2d 559 (Fla.1964), regarding what is an appealable order in probate. Instead the Fourth District at 254 So. 2d 417 adhered to its own independent view to the contrary, as it did also in its decision on the same point in In re Estate of Forand, 182 So. 2d 278 (Fla.App. 4th 1966). Conflict jurisdiction is apparent. Fla.Const. art. V, § 4(2), F.S.A. Exercising discretion, we dispensed with oral argument pursuant to F.A.R. 3.10, subd. e, 32 F.S.A. The First District was willing to recognize this Court’s S…

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