Public-domain · open source
OpenJurist

613 So. 2d 591

Verbeck v. Altman

District Court of Appeal of Florida

Decided February 10, 1993

District Court of Appeal of Florida · decided 1993-02-10

Cited by 3 later decisions — most recently August 2002

3 state decisions

Relies on 327 So. 2d 205 - In Re Estate of Baker · In Re Estate of Zimbrick · 519 So. 2d 679 - Shipp v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-02-10

View the full empirical analysis of this case →

LETTS, Judge.

¶1We agree with the appellants’ argument that the trial court incorrectly determined that a “jumbo” certificate of approximately $33,000 was not a probate asset. The record demonstrates by clear and convincing evidence that no survivorship provision was instituted nor intended.

¶2We would elaborate further on the facts surrounding the title to the certificate; however, the foregoing does not control the outcome of this appeal. The offending probate order conclusively determined a disputed question of ownership in the certificate and held that the estate had no interest therein. This order was final and appealable, see Pratt v. Gerber, 330 So.2d 552, 553 n. 1 (Fla. 3d DCA 1976) and an appeal should have been taken within thirty days of rendition. See also Fla. R.App.P. 9.110(b); Fla.R.P. & G.P. 5.100; Howard v. Baumer, 519 So.2d 679 (Fla. 1st DCA 1988); In re Estate of Baker, 327 So.2d 205 (Fla.1976); In re Estate of Zimbrick, 453 So.2d 1155, 1156 n. 3 (Fla. 4th DCA 1984).

¶3This appeal was filed well over three months beyond the thirty day limit so we conclude that we have no jurisdiction. This cause is dismissed.

¶4DISMISSED.

FARMER, J., concurs.ANSTEAD, J., concurs in conclusion only.
/613/so2d/591 · .json · Public domain