In re Estate of Petro

DISSENTING OPINION

FORD ELLIOTT, J.:

I respectfully dissent because I do not believe the merits of the trial court’s July 10, 1995 order, which denied the administrator’s exceptions to the denial of his petitions to turn over assets, are properly before this court. I cannot agree with the majority that the administrator could choose whether or *635not to appeal from this collateral order. As a result, I would find that the administrator’s right to appeal from the July 10th order was out of time when he failed to file an appeal within 30 days of entry of the order, and that, consequently, we lack…