Alkawanna S. Kelley, et al. v. William M. Kelley, II
The Third District affirmed the order of discharge under section 733.901. Probate orders arrive on appeal presumed correct. Without a transcript or a trial-court-approved statement of the evidence under Rule 9.200(b), the appellants could not show reversible error, and the order was not fundamentally erroneous on its face.
Key facts
- Two sisters, representing themselves, appealed a Miami-Dade probate order that discharged their brother as personal representative and closed the estate.
- They argued that the court discharged him while contested matters were still pending and unresolved.
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Holdings
- When the appellate record has no transcript of the dispositive hearing and no statement of the evidence approved by the lower tribunal under Florida Rule of Appellate Procedure 9.200(b), an…
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Why it matters
This is a short but citable reminder, useful in probate and in any civil appeal, that the appellant must bring up an adequate record. The court collected recent Third and Fourth District authority (Hutchison, Coleman… — full analysis with a trial
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