Dorsey v. Hearns
The Sixth District dismissed an appeal from various orders in a summary administration probate case for lack of jurisdiction because the notice of appeal was filed more than 30 days after rendition of the final Amended Order of Summary Administration and Amended Order Determining Homestead Status. The court also explained that, because the proceeding was not an adversary proceeding under Florida Probate Rule 5.025, the Florida Rules of Civil Procedure (including Rules 1.530 and 1.540) did not apply, and the 15-day rehearing deadline of Probate Rule 5.020(d) governed tolling.
Key facts
- Dorsey appealed from final orders in a summary administration probate case, including an Amended Order of Summary Administration and Amended Order Determining Homestead Status.
- The notice of appeal was filed more than 30 days after rendition of the final orders.
- +2 more key facts with a free trial
Why it matters
The opinion is a useful reminder that practitioners handling summary administration and homestead determinations must treat those orders as final and appeal within 30 days, and that the civil rules "backstop" of Rule… — full analysis with a trial
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