IN RE ESTATE OF WALTER L. LAMB, DECEASED. WALTER L. LAMB, JR. AND DOUGLAS R. LAMB, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVES OF THE ESTATE OF WALTER L. LAMB, DECEASED, APPELLANTS,
v.
ELEANOR RUTH LAMB, APPELLEE

Fla. 4th DCA | 1996-07-03
Nos. 95-1285, 95-1286
GUNTHER, C.J., and FARMER and KLEIN, JJ., concur.
677 So. 2d 39 Florida District Court of Appeal, Fourth District (1996) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the three probate orders which are the subject of these consolidated appeals, which we have concluded are without prejudice to the appellants litigating the issue of whether the appellee breached a pre-nuptial agreement.

GUNTHER, C.J., and FARMER and KLEIN, JJ., concur.


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  • S.D.S. Autos, Inc. v. Chrzanowski, 976 So. 2d 600 (Fla. 1st DCA 2007)
    …, even when the motion to dismiss is appealed in conjunction with an appealable non-final order. Chicago Title Ins. Agency v. Chicago Title Ins. Co., 560 So. 2d 296, 297 (Fla. 2d DCA 1990) (citations omitted). Accord Roofcraft Int’l, Inc. v. Thomas, 677 So. 2d 39, 39-40 (Fla. 4th DCA 1996); King v. Odle, 665 So. 2d 378, 378 (Fla. 4th DCA 1996); First Union Nat’l Bank v. Peoples Nat’l Bank of Commerce, 644 So. 2d 538, 539 (Fla. 3d DCA 1994); Polo v. Polo, 643 So. 2d 55, 56 (Fla. 3d DCA 1994); George J. Karr,…
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    …l agreement. The trial court resolved both claims against the personal representa [*364] tives, and they appealed. This court affirmed on the elective share, but remanded the pre-nuptial agreement issue for further proceedings. In re Estate of Lamb, 677 So. 2d 39 (Fla. 4th DCA 1996). On remand the personal representatives voluntarily dismissed their claim that the widow had breached the pre-nuptial agreement, leaving no issues in dispute, and then deeded the home to the widow. The personal representatives h…

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