Legal Opinion

Auto-Owners Insurance Co. v. Governor of Florida ex rel. Hall

District Court of Appeal of Florida

Decided November 25, 2009No. 4D09-362Published

1Opinion of the Court

ON MOTION TO DISMISS

2Per curiam

Appellants, the personal representative of the estate and his surety bonding company, appeal an order denying their motions to dismiss appellees’ petitions for surcharge and to remove the personal representative. Appellees, the decedent’s children, are residuary beneficiaries of their father’s estate. According to appellants, these orders are appealable as final orders because they are a final decision on the question of whether willful misconduct must be proved at trial. Because the orders at issue are non-final and non-appeal-able, we dismiss this appeal for lack of…

3Cases cited5 opinions

  1. In Re Estate of BiermanDistrict Court of Appeal of Florida · 1991
  2. Sanchez v. MasterhanDistrict Court of Appeal of Florida · 2003
  3. In re Peterson's EstateSupreme Court of Florida · 1954
  4. In Re Estate of PavlickDistrict Court of Appeal of Florida · 1996
  5. Somogyi v. NevaiDistrict Court of Appeal of Florida · 2006

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