IN RE ESTATE OF EZEKIEL CAMPBELL DORSEY, DECEASED. DANA DORSEY CHAPMAN, APPELLANT,
v.
SHERMAN CAMPBELL, APPELLEE
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The Florida District Court of Appeal, Second District, dismissed an appeal concerning a will's probate because the lower court's order was interlocutory, not final, and thus not appealable.
No, an order concerning the burden of proof in a will probate challenge is interlocutory and not a final order, therefore it is not appealable.
“The order affords no foundation for the appeal, and, therefore, no jurisdiction has been conferred on this court.”
Establishes that the order appealed from was not a proper basis for an appeal.
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Join FLexlaw to unlock all legal intelligenceA will was presented for probate, but its validity was challenged due to the testator's alleged incompetence. The county judge's order addressed the b…
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A will is sought to be admitted to probate. Its validity has been attacked as having been made by an incompetent. In the proceeding the question was raised as to how the burden of proof must be carried. The answer of the county judge to that question is his order which has produced *431this appeal. The order affords no foundation for the appeal, and, therefore, no jurisdiction has been conferred on this court. The reason is that the order is not final but merely interlocutory.
Where an appeal is taken from an order or decree of a county judge’s court pertaining to probate matters or to estates and interests of minors and incompetents, the order or decree appealed must be final. Article V, section 5(3), Constitution of the State of Florida, F.S.A.; and Rule 4.4, Florida Appellate Rules, 31 F.S.A. Hence this appeal is dismissed by this court sua sponte.
Dismissed.
SHANNON, J., and FUSSELL, CARROLL, W., Associate Judge, concur.
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In re Est. of Gregg Maxcy v. Stulting, 165 So. 2d 446 (Fla. 2d DCA 1964)…by an appellate court. Section 732.15, Florida Statutes, F.S.A.; Article V, sections 4 and 5 of the Florida Constitution, F.S.A. This court has so held in In re Hill’s Estate, Fla.App.1959, 114 So. 2d 462, and in Chapman v. Campbell, Fla.App. 1959, 114 So. 2d 430. Accordingly, the appeal is dismissed. ALLEN, Acting C. J., and SHANNON, J., concur.…
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In re the Est. OF Rose Bierman, 587 So. 2d 1163 (Fla. 4th DCA 1991)…on for construction of certain provision of a will); In re Maxcy’s Estate, 165 So. 2d 446 (Fla. 2d DCA 1964) (orders accepting resignation of fiduciary and requiring her to complete accounting and denying approval of account); In re Dorsey’s Estate, 114 So. 2d 430 (Fla. 2d DCA 1959). It appears that the case at bar is more akin to this category of cases than those cited by appellant. The “rights of the parties” test, as set out in the probate rule was discussed in In re Estate of Baker, 327 So. 2d 205 (Fla.1…1 / 2
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In re Est. of John T. Hill, Sr. v. Dolly B. Hill and Sole Legatee, 114 So. 2d 462 (Fla. 2d DCA 1959)…PER CURIAM. The order from which this appeal was taken is not final as provided for by Article V, Section 5(3), Constitution of the State of Florida, F.S.A., and Rule 4.4, Florida Appellate Rules, 31 F.S.A. (See Chapman v. Campbell, 114 So. 2d 430, decided by this court on September 16, 1959). An inspection of the record in the case of Johnson [*463] v. Johnson, 1946, 158 Fla. 315, 28 So. 2d 438, relied on by the appellants, divulges that that case was completed, and it was upon that status t…
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