EILEEN M. BRAKE, APPELLANT,
v.
EVE E. MURPHY, ET AL., APPELLEES

Fla. 3d DCA | 1997-02-12
No. 96-1881
Before SCHWARTZ, C.J., and GERSTEN and GREEN, JJ.
688 So. 2d 403 Florida District Court of Appeal, Third District (1997) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

[*404] PER CURIAM.

We dispose of the several orders now on appeal in this interminable litigation as follows: (1) The order awarding attorney’s fees for services performed in securing the judgment which has since been reversed in Brake v. Murphy, 687 So. 2d 842 (Fla. 3d DCA 1996), is necessarily likewise reversed. (2) The order denying Rule 1.640 relief is affirmed. (3) The attempted review of a non-appealable order denying a motion for a more definite statement is dismissed. (4) The sua sponte order purporting to partially deprive Mrs. Brake of her share in the estate is reversed as both procedurally and substantively unauthorized.

Affirmed in part, reversed in part, dismissed in part.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Brake v. Eve E. Murphy, 693 So. 2d 663 (Fla. 3d DCA 1997)
    …itionally, we quash the order requiring the posting of a surety bond, as well as that portion of the order granting a continuance which assessed a fine. Petition granted. The writ of prohibition is issued and the cause remanded. . Brake v. Murphy, 688 So. 2d 403 (Fla. 3d DCA 1997). . The surcharge order was signed June 21, 1993, one week after the second ex parte conference.…
  • THE Florida BAR v. Brake, 767 So. 2d 1163 (Fla. 2000)
    …state and the sale of the office building appropriately has been called “interminable and vexatious.” See Brake v. Estate of Murphy, 719 So. 2d 333, 333 (Fla. 3d DCA 1998); see also Brake v. Swan, 733 So. 2d 1051 (Fla. 3d DCA 1999); Brake v. Murphy, 688 So. 2d 403 (Fla. 3d DCA 1997); Brake v. Third District Court of Appeal, 666 So. 2d 142 (Fla.1995), cert. denied, 516 U.S. 1147, 116 S.Ct. 1019, 134 L.Ed.2d 99 (1996); Brake v. Murphy, 687 So. 2d 842 (Fla. 3d DCA 1996), review denied, 697 So. 2d 1217 (Fla.1997)…
  • Brake v. Swan, 733 So. 2d 1051 (Fla. 3d DCA 1999)
    …conveyance action in the circuit court and is not an issue in this appeal. . This court has characterized the estate proceedings as involving ''interminable litigation.” See Brake v. Murphy, 693 So. 2d 663, 664 (Fla. 3d DCA 1997); Brake v. Murphy, 688 So. 2d 403, 404 (Fla. 3d DCA 1997). . The orders under review are one dated July 20, 1998, entered in both probate proceedings, and an order dated July 6, 1998, in the Dennis Murphy probate proceeding.…

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