Nolan v. City of North Miami
Nolan v. City of North Miami
Opinion of the Court
Upon examination of the record of this appeal, prior to oral argument on the merits, the court sua sponte raised the question of jurisdiction. Thereupon the appeal was removed from the oral argument calendar and counsel were notified by order of the court’s question and the placing of the appeal upon the motion calendar for argument on the question of jurisdiction. We have determined after such argument that the order appealed is not a final one and therefore this court is without jurisdiction to consider this appeal.
The order in question was entered by the county judge in the exercise of his probate jurisdiction. It arose in the following, manner.
The appellee, City of North Miami, filed a claim in the estate of Thomas Noland. The executrix, appellant herein, filed an objection to the claim. A copy of the objection was sent by registered mail to the city. Thereafter suit was brought upon the claim and the executrix moved to dismiss the same upon the ground that the action was not brought within two months of the service of the objection to the claim.
Inasmuch as this is an appeal' from an order of the county judge’s court pertaining to probate matters, this court’s-jurisdiction of appeals from that court is found in art. V, § 5(3), Fla.Const., 26-F.S.A.
“Appeals * * * from final orders or decrees of county judge’s courts pertaining to probate matters or to estates and interests of minors and incompetents, may be taken to the court of appeal of such district, *
It will be noted that the constitution provides for appeals only from final orders or-
The appeal is dismissed.
. Section 733.18(2), Fla.Stat, F.S.A.
. Ibid.
.The pertinent portion of the former constitutional provision found in Article 5, § 11, read as follows: “ * * * and supervision and appellate jurisdiction of matters arising before County Judges pertaining to their probate jurisdiction, or to the estates and interests of minors, .and of such other matters as the Legislature may provide. * *
See Ellard v. Godwin, Fla.1955, 77 So.2d 617, and Pitts v. Pitts, 120 Fla. 363, 162 So. 708. Both cases were decided under the provision of the constitution of the State of Florida, last quoted, and prior to the amendment of Article 5 which created the District Court of Appeal.
. Rule 3.2(b), Florida Appellate Rules, 31 F.S.A."
. Sections 733.19, 733.20, Fla.Stat., F.S.A.
Reference
- Full Case Name
- In re ESTATE of Thomas DeWitt NOLAN, Gladys H. NOLAN, of the Estate of Thomas DeWitt Nolan v. CITY OF NORTH MIAMI, a Florida Municipal Corporation
- Cited By
- 1 case
- Status
- Published