E.M.A. v. In Re: Estate of Malcolm Joel Dorman (consol. with Azrack v. McDonald)
In consolidated probate appeals, the Third District held it lacked jurisdiction over orders denying post-judgment motions because Florida Rule of Civil Procedure 1.540 is unavailable in a non-adversary probate proceeding and orders on motions for reconsideration are non-final. It affirmed the paternity portion of a homestead judgment because the appellant failed to challenge the independent, alternative homestead ground, and dismissed the appeal as to the mother individually as moot/premature, noting a mere entitlement to fees without a set amount is not appealable.
Key facts
- E.M.A. and Azrack appealed from probate court orders in consolidated cases involving the estate of Malcolm Joel Dorman, with issues including paternity determinations and homestead property rights.
- The trial court entered a judgment addressing paternity and homestead claims, and subsequently denied the appellants' motions for reconsideration or relief from judgment.
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Why it matters
Useful, quotable authority confirming that Rule 1.540 relief is unavailable in non-adversary probate proceedings — a trap for counsel who assume civil rules apply in probate — and that orders denying such motions cannot… — full analysis with a trial
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