Public Health Trust of Dade County v. Kempster

The order under review is reversed upon a holding that: (a) the said order, in effect, modifies a final order of distribution in a probate proceeding, (b) the said order was entered in response to a petition for reimbursement of funeral expenses filed by the personal representative of the estate herein, which petition was untimely as a motion for rehearing under Fla.R.P. & G.P. 5.020(d) and was not a motion to vacate under Fla.R.Civ.P. 1.540(b) as the civil rules of procedure were never invoked in this case, see Fla.R.P. & G.P. 5.025(b); and (c) the trial court, accordingly, had no authority…