{"id":1971,"date":"2018-07-13T05:52:05","date_gmt":"2018-07-13T05:52:05","guid":{"rendered":"https:\/\/bresky-merger.local.com\/posts\/law-offices-of-robin-bresky-obtains-dismissal-of-trustees-appeal-for-lack-of-jurisdiction\/"},"modified":"2018-07-13T05:52:05","modified_gmt":"2018-07-13T05:52:05","slug":"law-offices-of-robin-bresky-obtains-dismissal-of-trustees-appeal-for-lack-of-jurisdiction","status":"publish","type":"post","link":"https:\/\/ssrga.com\/appellate\/law-offices-of-robin-bresky-obtains-dismissal-of-trustees-appeal-for-lack-of-jurisdiction\/","title":{"rendered":"Bresky Law Obtains Dismissal of Trustee\u2019s Appeal for Lack of Jurisdiction"},"content":{"rendered":"<p><em>July 10, 2018*<\/em><\/p>\n<p>Bresky Law recently assisted an elderly client in obtaining dismissal of an appeal of an order in a probate proceeding.<\/p>\n<p>Our client was the beneficiary of a decedent\u2019s will and trust. The Trustee initiated a probate case as the personal representative of the estate. Our client later initiated a trust case alleging breach of the trust. The trial judge in our client\u2019s trust case stayed the trust case pending resolution of the personal representative\/trustee\u2019s probate case to avoid a waste of judicial resources and potential inconsistent rulings.<\/p>\n<p>The trial judge in the probate case later rendered an order that: granted our client\u2019s Motion to Advance Cause Under \u00a7 415.1115; granted our client\u2019s Notice for Case Management Conference and set a timetable for the litigation; granted the Trustee\u2019s request to dismiss our client\u2019s Petition and gave our client five days to refile it; and denied the Trustee\u2019s request for fees from our client and his trial counsel. The Trustee appealed.<\/p>\n<p>We filed a motion in the appeals court requesting dismissal of the appeal and arguing that the appeals court lacked jurisdiction over the case. Specifically, we argued that the appealed order was not a final order, was not an appealable non-final order as specified in Florida Rule of Appellate Procedure 9.130, and was not appropriate for treatment as a petition for writ. We also requested appellate attorney\u2019s fees pursuant to the applicable Florida probate and trust statutes.<\/p>\n<p>The appellate court dismissed the Trustee\u2019s appeal after reviewing our motion to dismiss and the Trustee\u2019s Response. The appeals court cited case law indicating its determination that the order appealed was not a final order. The appeals court also granted our request for appellate attorney\u2019s fees, and remanded to the trial court to set the amount of appellate attorney\u2019s fees to be awarded.<\/p>\n<p>We are pleased that this result ended the appellate proceeding in favor of our client and allows him to obtain his attorney\u2019s fees for the proceeding.<\/p>\n<p>* <em>Not final until disposition of any timely filed motion for rehearing.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>July 10, 2018* Bresky Law recently assisted an elderly client in obtaining dismissal of an appeal of an order in a probate proceeding. Our client was the beneficiary of a decedent\u2019s will and trust. The Trustee initiated a probate case as the personal representative of the estate. Our client later initiated a trust case alleging&#8230;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1811,1807,1806,1838,1827],"tags":[1844],"class_list":["post-1971","post","type-post","status-publish","format-standard","hentry","category-4th-dca-rulings","category-bresky-appellate-cases","category-family","category-notable-cases","category-u-s-court-of-appeals","tag-trust-estate"],"acf":[],"_links":{"self":[{"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/posts\/1971","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/comments?post=1971"}],"version-history":[{"count":0,"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/posts\/1971\/revisions"}],"wp:attachment":[{"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/media?parent=1971"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/categories?post=1971"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ssrga.com\/appellate\/wp-json\/wp\/v2\/tags?post=1971"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}