In re Estate of Lee

DREW, Chief Justice.

The sole question presented here is whether the filing of a petition for rehearing on a judgment of a circuit court affirming a judgment or appealable order of a probate court tolls the time within which an appeal may be taken in the same manner as the filing of a petition for rehearing in a chancery case or a motion for a new trial in a common law case. See Ganzer v. Ganzer, Fla.1956, 84 So.2d 591, 592.

Sec. 732.16(8), Florida Statutes 1955, F.S.A. provides “The judgment of the circuit court on appeal shall be recorded by the clerk of the circuit court, * * *. The original…