Legal Opinion

Garces v. Montano

District Court of Appeal of Florida

Decided August 7, 2002No. 3D01-2599PublishedCited by 2 opinions

1Per curiam

The probate division of the circuit court appointed Jorge Eliecer Garces to serve as the personal representative of the late Sil-vana Lorena Lopez. Subsequently the court appointed Eduardo Montano to serve as co-personal representative. Mr. Garces has appealed.

We agree with Mr. Montano that this is not an appealable order. As amended in 1996, the Florida Probate Rule 5.100 states, “All orders and judgments of the court that finally determine a right or obligation of an interested person may be appealed as provided by Florida Rule of Appellate Procedure 9.110(a)(2).” (Emphasis added). Rule…

2Cases cited3 opinions

  1. Johnson v. Citizens State BankSupreme Court of Florida · 1989
  2. In Re Estate of WaltersDistrict Court of Appeal of Florida · 1997
  3. In Re Estate of NolanDistrict Court of Appeal of Florida · 1998

3Cited by2 opinions

  1. Combs v. City of NaplesDistrict Court of Appeal of Florida · 2002
  2. Delgado v. Estate of GarrigaDistrict Court of Appeal of Florida · 2004

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