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Swartz v. Lieberman

District Court of Appeal of Florida, Fourth District
Jul 8, 1998
712 So. 2d 479 (Fla. Dist. Ct. App. 1998)

Opinion

No. 98-1497

Opinion filed July 8, 1998 JANUARY TERM 1998

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Harry G. Hinckley, Jr., Judge; L.T. No. 93-1652.

Peter J. Forman of Tescher, Chaves, Rubin Forman, P.A., Boca Raton, for appellant.

No appearance for appellee.


ORDER DISMISSING APPEAL


This is an appeal from an order determining entitlement to attorney's fees in a probate proceeding, with the amount to be determined after an evidentiary hearing. We agree with the fifth district that an order which only determines entitlement to fees does not "finally determine a right or obligation of an interested person as defined in the Florida Probate Code." Fla.R.App.P. 9.110(a)(2). Rehman v. Estate of Frye, 692 So.2d 956 (Fla. 5th DCA 1997). We therefore dismiss the appeal without prejudice to appeal the final order determining amount.

KLEIN, SHAHOOD and TAYLOR, JJ., concur.


Summaries of

Swartz v. Lieberman

District Court of Appeal of Florida, Fourth District
Jul 8, 1998
712 So. 2d 479 (Fla. Dist. Ct. App. 1998)
Case details for

Swartz v. Lieberman

Case Details

Full title:MARCIA SWARTZ, Appellant, v. SANDRA E. BARRY LIEBERMAN, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 8, 1998

Citations

712 So. 2d 479 (Fla. Dist. Ct. App. 1998)