IN RE THE ESTATE OF GRACE ZALOUDEK, DECEASED
DAUKSCH, Judge.
Appellants bring for our review an order of the trial court which quashed a subpoena duces tecum. They have designated their appeal as being an interlocutory appeal and we recognize it as such. We derive our authority for interlocutory review from Fla. App. Rule 4.2. In this probate matter Fla. Probate and Guardianship Rule 5.100 also defines the right of appeal. In neither rule does a party have the right to interlocutory appeal from a non-final order in a probate action. In re Estate of Baker, 327 So. 2d 205 (Fla.1976); Tyler v. Huggins, 175 So. 2d 239 (Fla. 2 DCA 1965); In re Estate of Leterman, 238 So. 2d 695 (Fla. 3 DCA 1970); Johnson v. General Motors Corp., 350 So. 2d 1119 (Fla. 4 DCA 1977).
Appeal DISMISSED.
ALDERMAN, C. J., and MOORE, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In re the Est. OF Rose Bierman, 587 So. 2d 1163 (Fla. 4th DCA 1991)…4th DCA 1984); Baldwin v. Lewis, 397 So. 2d 985 (Fla. 3d DCA 1981). However, it has been just as consistently held that appeals from interlocutory orders pertaining to procedural matters are not appeal-able under Rule 5.100. In re Zaloudek’s Estate, 356 So. 2d 1326 (Fla. 4th DCA 1978); In re Leterman’s Estate, 238 So. 2d 695 (Fla. 3d DCA 1970); Tyler v. Huggins, 175 So. 2d 239 (Fla. 2d DCA 1965); In re Dorsey’s Estate, 114 So. 2d 430 (Fla. 2d DCA 1959); In re Hill’s Estate, 114 So. 2d 462 (Fla. 2d DCA 1959).…
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Howard v. Baumer, 519 So. 2d 679 (Fla. 1st DCA 1988)…4th DCA 1984); Baldwin v. Lewis, 397 So. 2d 985 (Fla. 3rd DCA 1981). However, it has been just as consistently held that appeals from interlocutory orders pertaining to procedural matters are not appealable under Rule 5.100. In re Zaloudek’s Estate, 356 So. 2d 1326 (Fla. 4th DCA 1978); In re Letterman’s Estate, 238 So. 2d 695 (Fla. 3rd DCA 1970); Tyler v. Huggins, 175 So. 2d 239 (Fla. 2nd DCA 1965); In re Maxcy’s Estate, 165 So. 2d 446 (Fla. 2nd DCA 1964); In re Sager’s Estate, 171 So. 2d 580 (Fla. 2nd DCA 196…
Authorities Cited
- In re Est. of Michael R. Baker v. Baker, 327 So. 2d 205 (Fla. 1976)
- Tyler v. Huggins, 175 So. 2d 239 (Fla. 2d DCA 1965)
- In re Est. of Leonard D. Leterman, 238 So. 2d 695 (Fla. 3d DCA 1970)
- Johnson v. Gen. Motors Corp., 350 So. 2d 1119 (Fla. 4th DCA 1977)
- Guardian Mortg. Invs. & Charter Advisory Co. v. Urban Med. Servs., Inc., 350 So. 2d 1119 (Fla. 1st DCA 1977)