Appealable Orders & Florida Probate

Did you receive an unfavorable order in a Florida probate court? Do you know what an appeal is? Is the unfavorable order appealable? Should you consult with a Palm Beach appellate attorney?   Are you considering appealing? Do you know about the final order rule? You may want to read am October 3, 2018 Fourth DCA opinion Pigna v. Messianu. 

Has your probate lawyer talked to you about appeals? Did you know that there are limits on when you can appeal?  Trust and estates lawyers know that, generally, you can only appeal a final order. A final order is one that  dismisses the case or settles it somehow on its merits. Therefore, in most cases, if the order is non-final, it is not appealable. There are, however, exceptions.

In Pigna v. Messianu, the appellees argue that the orders being appealed are non-final and, therefore, not appealable under Florida Rule of Appellate Procedure 9.130. However, the Fourth DCA found that the order granting child entitlement to distributions from deceased father’s estate WAS an appealable order. To read the entire case, click here.