In re Estate of Zaloudek

Full title: IN RE THE ESTATE OF GRACE ZALOUDEK, DECEASED

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 4, 1978

356 So. 2d 1326 (Fla. Dist. Ct. App. 1978)

Opinion

No. 77-1606.

April 4, 1978.

Appeal from the Circuit Court, Broward County, Leroy H. Moe, J.

Robert M. Curtis, of Saunders, Curtis, Ginestra Gore, Fort Lauderdale, for appellants.

John V. Russell, Fort Lauderdale, for appellee-Richard M. Sauls.

Robert A. Ware, of English, McCaughan O'Bryan, Fort Lauderdale, for appellee-Landmark First Nat. Bank of Fort Lauderdale.

DAUKSCH, Judge.

Appellants bring for our review an order of the trial court which quashed a subpoena duces tecum. They have designated their appeal as being an interlocutory appeal and we recognize it as such. We derive our authority for interlocutory review from Fla. App. Rule 4.2. In this probate matter Fla. Probate and Guardianship Rule 5.100 also defines the right of appeal. In neither rule does a party have the right to interlocutory appeal from a non-final order in a probate action. In re Estate of Baker, 327 So.2d 205 (Fla. 1976); Tyler v. Huggins, 175 So.2d 239 (Fla. 2 DCA 1965); In re Estate of Leterman, 238 So.2d 695 (Fla. 3 DCA 1970); Johnson v. General Motors Corp., 350 So.2d 1119 (Fla. 4 DCA 1977).

Appeal DISMISSED.

ALDERMAN, C.J., and MOORE, J., concur.