MATTER OF THE ESTATE OF EMIL C. JUEN, DECEASED. JOHN H. MOORE, JR., APPELLANT,
v.
LINA TSACONAS MICROUTSICOS, AS EXECUTRIX OF THE ESTATE OF EMIL C. JUEN, DECEASED, AND THE FIRST CHURCH OF CHRIST, SCIENTIST, BOSTON, MASSACHUSETTS, RESIDUARY BENEFICIARY, APPELLEES
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This case concerns the appellate jurisdiction of the Florida District Court of Appeal, Second District, regarding an order from a probate court that was affirmed by the circuit court. The court determined it lacked jurisdiction to hear the appeal directly from the circuit court's appellate decision.
No, the Florida District Court of Appeal does not have jurisdiction to hear the appeal from the circuit court's appellate decision in this instance.
“we held that we have no jurisdiction of an appeal from the circuit court which, sitting as an appellate court, had affirmed an order of the probate court, where the order of the probate court had been properly appealed to the circuit court prior to July 1, 1957, the effective date of Article V of the Constitution of Florida, F.S.A.”
This quote explains the court's reasoning for denying jurisdiction based on the timing of the appeal relative to the new constitutional provisions.
John H. Moore, Jr., formerly an administrator of an estate, appealed an order from the county judge's probate court. The circuit court affirmed the pr…
The full statement of facts, procedural history, and disposition for this case are member content.
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The appellant, John H. Moore, Jr., was formerly an administrator of the Estate of Emil C. Juen, deceased. An order was entered in the county judge’s court in probate upon appellant’s application for allowance of expenses and of compensation, and upon certain other applications. An order thereon was entered by that court on September 19, 1956. On October 8, 1956, Moore filed a notice of appeal from that order to the circuit court of Palm Beach County. On October 16, 1957, an order was entered by the circuit court affirming the order of the county judge’s court. On November 1, 1957, Moore filed a notice of appeal from the circuit court to this court.
The facts and law, insofar as they relate to the jurisdiction of this court on *912this appeal, are similar to those appearing in the case of In the Matter of the Estate of Juen (Farish v. Microutsicos), 105 So.2d 908, which was this day decided by this court and in which we held that we have no jurisdiction of an appeal from the circuit court which, sitting as an appellate court, had affirmed an order of the probate court, where the order of the probate court had been properly appealed to the circuit court prior to July 1, 1957, the effective date of Article V of the Constitution of Florida, F.S.A. See also Appeal of Syracuse University (In the Matter of the Estate of Rasey), Fla.App., 105 So.2d 904, decided this date, where a similar question of fact and law existed.
We deny the motions to quash and to affirm in this case and shall treat the appeal filed herein, together with the transcript, as a petition for a writ of certiorari.
KANNER, C. J., and SHANNON, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Appeal of Syracuse Univ. Matter of the Est. of Nellie E. Rasey, 105 So. 2d 904 (Fla. 2d DCA 1958)
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In re Est. of Margaret Fitzgerald Wood v. Curl, 114 So. 2d 640 (Fla. 2d DCA 1959)…t we should be governed by the rule? theretofore in effect. We had the same question before us in two cases — In re Juen’s Estate (Farish v. Microutsicos), Fla.App.1958, 105 So. 2d 908, and In re Juen’s Estate (Moore v. Microutsicos), Fla.App.1958, 105 So. 2d 911. In the first cited Juen’s Estate case Judge Allen, writing the opinion for this court, stated [105 So. 2d 910]: “Rule 1.1 of the Florida Appellate Rules, 31 F.S.A., provides: “ ‘These rules are adopted pursuant to the constitutional and inherent…
Authorities Cited
- Matter of the Estate of Emil C. Juen v. Lina Tsaconas Microutsicos, 105 So. 2d 908 (Fla. 2d DCA 1958)
- Appeal of Syracuse Univ. Matter of the Est. of Nellie E. Rasey, 105 So. 2d 904 (Fla. 2d DCA 1958)