In Re the Estate of James E. Hurwich v. Scott D. Hurwich v. Stacey R. MacDonald

Baker, Judge.

[1] Hurwich petitions for rehearing, arguing that he should be permitted to file an amended complaint.

[2] Hurwich first contends that we erred by finding that the probate court's order dismissing Hurwich's complaint against MacDonald with prejudice was a final judgment. Hurwich directs our attention to In re Estate of Botkins , 970 N.E.2d 164 , 167 (Ind. Ct. App. 2012), which notes "that orders issued by a probate court are not final until the estate is closed." Hurwich reasons that because the Estate was open when the probate court entered its June 12, 2015, order dismissing…