SUTTON v. STEAR

No. 41836.

264 So.2d 838 (1972)

Frederick W. SUTTON, Administrator, Estate of Edward J. Sutton, Deceased, Petitioner, v. Wilbur STEAR, Administrator, Estate of Gladys I. Stear, Deceased, Respondent.

Supreme Court of Florida.

June 28, 1972.


Attorney(s) appearing for the Case

William J. Beiswanger, of Collier & Beiswanger, Palm Beach, for petitioner.

Adams & Kramer, and Will A. Nason, of Nason, Gildan & Yeager, West Palm Beach, for respondent.


DEKLE, Justice.

This certiorari results from inadvertent failure of the 4th District Court of Appeal to follow the precedent set forth in this Court's holding in Smoak v. Graham, 167 So.2d 559 (Fla. 1964), regarding what is an appealable order in probate. Instead the Fourth District at 254 So.2d 417 adhered to its own independent view to the contrary, as it did also in its decision on the same...

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