HOWARD ROSENBLATT, APPELLANT,
v.
LEXYNE PAGE AND HOWARD CLYATT, APPELLEE

Fla. 1st DCA | 2004-11-30
No. 1D04-2965
ERVIN, BARFIELD, and KAHN, JJ., concur.
887 So. 2d 437 Florida District Court of Appeal, First District (2004) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon consideration of the appellant’s response to the Court’s order of September 1, 2004, the Court has determined that the order on appeal does not finally determine a right or obligation of an interested party in a probate proceeding, as it does not specifically direct disgorgement of the attorney’s fees paid in excess of the $1,500.00 determined to be reasonable by the order on appeal. Therefore the order is not appealable pursuant to Florida Rule of Appellate Procedure 9.110(a)(2), and the appeal is hereby dismissed for lack of jurisdiction.

ERVIN, BARFIELD, and KAHN, JJ., concur.


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    …e, the petitioner’s appellate counsel rendered ineffective assistance of appellate counsel by failing to raise this issue. See Traylor v. State, 596 So. 2d 957 (Fla.1992); Blane v. State, 987 So. 2d 241 (Fla. 1st DCA 2008); see also Miller v. State, 887 So. 2d 437 (Fla. 1st DCA 2004). We grant the petitioner a new appeal. A copy of this opinion shall be filed with the trial court and treated as the notice of appeal. If the petitioner qualifies for appointed counsel, the trial court shall appoint new counsel…

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