Legal Opinion

Margaret M. Finnegan, as the of the Estate of Ellen Donlon v. Noreen Compton, as Personal Representative of the Estate of Fredrick LaChance

District Court of Appeal of Florida

Decided November 19, 2014No. 4D13-4213Published

1Opinion

ON MOTION FOR REHEARING AND REHEARING EN BANC

2Per curiam

Appellant moves for rehearing and rehearing en banc. The basis for the motions is that we “overlooked Florida Probate Rule 5.025, which specifically states that Florida Rule of Civil Procedure 1.525 is inapplicable in adversary probate proceedings.” Appellant argues that she “cannot be required to comply with a rule that specifically, as a matter of law, does not apply.” Further, appellant contends that our application of Rule 1.525 in her case conflicts with Stone v. Stone, 132 So.3d 377 (Fla. 4th DCA 2014), where we applied Probate Rule…

3Cases cited3 opinions

  1. Hays v. LawrenceDistrict Court of Appeal of Florida · 2009
  2. In re Amendments to the Florida Probate RulesSupreme Court of Florida · 2012
  3. Stone v. StoneDistrict Court of Appeal of Florida · 2014

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