Legal Opinion · Dissent

In re Estate of Weymer

District Court of Appeal of Florida

Decided June 8, 1967No. 495Published

1DissentWalden, Chief Judge

On March 11, 1965, the county judge entered a final appealable order directing the executor of an estate to pay over certain insurance policy proceeds “plus interest at the legal rate from the date said proceeds were received. * * * ”

No appeal or petition for rehearing was filed, and the time permitted therefor had long since expired. Thus, under the law of this state the order had achieved ultimate finality and could only be amended, modified or vacated by proper independent action or by meeting the terms and conditions found in Fla.R.Civ.P. 1.38 (now Rule 1.540, which rule is substantially…

2Cases cited16 opinions

  1. L. C. Collins and Lucille Collins, His Wife Earl Schneider and Mildred Schneider, His Wife v. The City of Wichita, Kansas, a Municipal CorporationCourt of Appeals for the Tenth Circuit · 1958
  2. Safeway Stores, Inc. v. CoeCourt of Appeals for the D.C. Circuit · 1943
  3. Erwin M. Swam v. United States of America, William Barry, Robert A. Hanselman and Jay G. PhilpottCourt of Appeals for the Seventh Circuit · 1964
  4. Arthur J. Rooks v. American Brass Company, a Connecticut CorporationCourt of Appeals for the Sixth Circuit · 1959
  5. United States v. A. Harvey GouldCourt of Appeals for the Fifth Circuit · 1962

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