Legal Opinion

Cook v. Palmer First National Bank & Trust Co. of Sarasota

District Court of Appeal of Florida

Decided March 10, 1971No. 70-624PublishedCited by 6 opinions

1Opinion of the Court

MANN, Judge.

An order fixing attorney’s fees in a probate proceeding is “final” in the sense that it is an appealable order although it may not be the last such order in an estate. Fla. P&GR 5.100. It is apparent upon reflection that probate proceedings differ from ordinary litigation in that the rights of outside parties are from time to time determined and orders entered in the course of administration result in payment, or the necessity for filing suit, whereas the ordinary action involves the same parties throughout and a single appeal from final judgment is appropriate.

The order appealed…

2Cases cited1 opinion

  1. Smoak v. GrahamSupreme Court of Florida · 1964

3Cited by6 opinions

  1. Scott v. ScottSupreme Court of Colorado · 2006
  2. Scott v. ScottColorado Court of Appeals · 2004
  3. Heirs of Estate of Waldon v. RotellaDistrict Court of Appeal of Florida · 1983
  4. In Re Estate of BiermanDistrict Court of Appeal of Florida · 1991
  5. Rehman v. Estate of FryeDistrict Court of Appeal of Florida · 1997

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