Florida Probate & Trust Litigation Blog

Florida Probate & Trust Litigation Blog

By Juan C. Antúnez of Stokes McMillan Antúnez P.A.

Text Size: A A A

Category Archives: Appellate Practice in Probate

Subscribe to Appellate Practice in Probate RSS Feed

4th DCA: An order simply “granting” a summary judgment motion isn’t worth the paper it’s written on

Posted in Appellate Practice in Probate
Rust v. Brown, — So.3d —-, 2009 WL 2031288 (Fla. 4th DCA Jul 15, 2009) It’s not unusual for courts to enter orders simply "granting" a summary judgment motion. Which may be gratifying to the winning side, but technically speaking, the order is meaningless. Why? Because it hasn’t actually entered judgment for or against a … Continue Reading

4th DCA: Order denying motion to strike petition for administration for lack of standing is NOT an appealable probate order

Posted in Appellate Practice in Probate
Klingensmith v. Ferd and Gladys Alpert Jewish Family of Palm Beach County, Inc., — So.2d —-, 2008 WL 4922917 (Fla. 4th DCA Nov 19, 2008) In probate proceedings your standing to participate in any aspect of the administration of the estate depends on whether or not you’re an "interested person" of the estate, as that … Continue Reading

Order appointing successor trustee is NOT a final order subject to appeal

Posted in Appellate Practice in Probate
Fach v. Brown Bros. Harriman Trust Co. of Florida, 949 So.2d 260 (Fla. 4th DCA Feb 07, 2007) The issue explicitly addressed by the linked-to opinion is relatively simple: is an order appointing a successor trustee a final appealable order?  The 4th DCA held it is not: In this consolidated appeal, Barbara A. Fach and her daughter Lauren … Continue Reading

Court to Trustee: go hire a lawyer!

Posted in Appellate Practice in Probate
EHQF Trust v. S & A Capital Partners, Inc. , — So.2d —-, 2007 WL 45838 (Fla. 4th DCA Jan 09, 2007) I wrote here about a 2006 opinion out of the 5th DCA addressing Florida Rule of Probate Procedure 5.030(a), which, subject to limited exceptions, requires Florida guardians and personal representatives to be represented by counsel.  There’s … Continue Reading

Probate litigator successfully spots substantive issues, but falls flat on civil procedure

Posted in Appellate Practice in Probate
Herskovitz v. Hershkovich, 2005 WL 2254003, 30 Fla. L. Weekly D2209 (Fla. 5th DCA Sept. 16, 2005) (Trial Court Affirmed) This case is yet another example of why probate litigation can be especially challenging. Not only must counsel in these cases have the ability to quickly spot the often highly technical probate-law issues in play … Continue Reading