Ramos De Souza v. In Re: Estate of Jose Ferreira de Oliveira
The Third DCA reviewed non-final orders opening an ancillary administration, appointing a curator, and issuing letters of curatorship. It held appellate jurisdiction existed under Rule 9.130(a)(3)(C)(ii) because the orders' four corners gave the curator authority to take immediate possession of estate assets and required the widow to deposit $50,000, and it reversed because the trial court denied the respondents' subject matter jurisdiction challenge under section 734.102(1) without an evidentiary hearing.
Key facts
- Ramos De Souza challenged non-final orders of the trial court that opened an ancillary administration of Jose Ferreira de Oliveira's estate, appointed a curator, and issued letters of curatorship requiring the widow to deposit $50,000.
- The trial court denied respondents' challenge to subject matter jurisdiction under section 734.102(1) without holding an evidentiary hearing on whether Florida assets existed to support ancillary administration.
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Why it matters
Practitioners handling probate and ancillary administration disputes gain a clear route to immediate appellate review of curator-appointment orders, with the court emphasizing the 'four corners' test for Rule… — full analysis with a trial
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