Brake v. Murphy

ON MOTION TO DISMISS

COPE, Judge.

As the record before us indicates that the proceeding below was conducted as an adversary proceeding pursuant to Florida Probate Rule 5.025, it was governed by the Florida Rules of Civil Procedure. Id. 5.025(d)(2). Appellant's timely motion for rehearing was authorized under Rule 1.530, Florida Rules of Civil Procedure, and suspended rendition of the final order until the motion was disposed of. Fla.R.App.P. 9.020(g). The appeal is timely.

Contrary to appellees’ assumption, the result would be the same in nonadversary proceedings. Since 1981, Florida Probate…