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Florida Probate Blog

Posts Tagged: probate appeal

Time to Draft New Rule for Probate Appellate Procedure?

Written by on Dec 1, 2008| Posted in: Probate Litigation

Fourth District Court of Appeals Ruling Reminds Practitioners of Need for Rules Clarification By Adrian P. Thomas The appeal of a probate court decision can be tricky. The appellate process is full of land mines, and the probate court appellate procedure is no exception. One of the most common issues that needs to be immediately addressed by the practitioner is to determine whether the appeal is premature. This question can be very challenging in the probate context because the administration of an estate and/or trust is a series of events that can be viewed as both temporal and final at the same time. What Probate Court Orders Can Be Appealed? One of the first rules to learn is that appeals may not be taken from interlocutory orders entered in the probate process. The party who wishes to seek appellate review of an order by the probate court is required to […]

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