Florida District Courts of Appeal, 2001

Garcia v. Carlson

Garcia v. Carlson
Florida District Courts of Appeal · Decided September 12, 2001 · Gunther, Jeffrey, Streitfeld, Warner
793 So. 2d 1155; 2001 Fla. App. LEXIS 13173; 2001 WL 1098266 (Southern Reporter, Second Series)

Garcia v. Carlson

Opinion of the Court

PER CURIAM.

We dismiss this case because it is from a non-final, non-appealable order denying a motion to dismiss. Although appellant attempts to characterize the appeal as determining jurisdiction of the person, the issues on appeal all deal with whether the decedent’s estate was opened and served in a timely manner, whether the statutes of limitations expired, and whether Florida Rules of Civil Procedure 1.070(j) and 1.420(e) were violated. The order of denial on these grounds does not determine jurisdiction of the person. Thus, it is not a non-final appealable order under Florida Rule of Appellate Procedure 9.130(a)(3).

Appeal dismissed.

GUNTHER, WARNER, JJ., and STREITFELD, JEFFREY E., Associate Judge, concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.