Brake v. Murphy

Full title: EILEEN M. BRAKE, Appellant, vs. EVE E. MURPHY, et al., Appellees

Court: District Court of Appeal of Florida, Third District

Date published: Feb 12, 1997

688 So. 2d 403 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-1881

Opinion filed February 12, 1997. Rehearing Denied March 12, 1997

An Appeal from the Circuit Court for Dade County, Robert H. Newman, Judge.

LOWER TRIBUNAL NO. 88-3398

Robert M. Brake, for appellant.

Richard T. Kozek, Jr., for appellees.

Before SCHWARTZ, C.J., and GERSTEN and GREEN, JJ.

PER CURIAM.

We dispose of the several orders now on appeal in this interminable litigation as follows: (1) The order awarding attorney's fees for services performed in securing the judgment which has since been reversed in Brake v. Murphy, ___ So.2d ___ (Fla. 3d DCA Case no. 96-824, opinion filed, December 26, 1996)[22 FLW D64], is necessarily likewise reversed. (2) The order denying Rule 1.540 relief is affirmed. (3) The attempted review of a non-appealable order denying a motion for a more definite statement is dismissed. (4) The sua sponte order purporting to partially deprive Mrs. Brake of her share in the estate is reversed as both procedurally and substantively unauthorized.

Affirmed in part, reversed in part, dismissed in part.