Allen v. Estate of Hirshberg
Allen v. Estate of Hirshberg
Opinion of the Court
The appellant challenges two probate orders. We dismiss the appeal as to the first order, which granted a motion to dismiss the appellant’s petition to revoke probate, because the order is not appealable. We reverse the second order, which denied the appellant’s Florida Rule of Civil Procedure 1.540 motion to vacate a summary final judgment, because the order was entered upon the trial court’s mistaken belief that the appellant’s unsuccessful earlier effort to appeal the summary final judgment foreclosed the appellant’s right to present the rule 1.540 motion.
The mere granting of a motion to dismiss does not result in a final order or an appealable non-final order. See Benton v. Moore, 655 So.2d 1272 (Fla. 1st DCA 1995). Accordingly, the appeal from the order granting the motion to dismiss the petition to revoke probate is dismissed for lack of jurisdiction.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.