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YELLEN v. LONG

No. 79-925.

387 So.2d 384 (1980)

John Harold YELLEN and Robert Harold Yellen, Appellants, v. Quentin V. LONG, Individually and As Executor/Personal Representative and Attorney for the Estate of Murray Harold Yellen, Deceased, and Betty Rollin (Aka Berthe Rollin), Murray Glanz (Aka Murray Glanz), Maxwell Yellen, Joseph Yellen, Edith Ginsky, Beneficiaries and Adverse Parties in the Estate of Murray Harold Yellen, Deceased, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 19, 1980.

Attorney(s) appearing for the Case

John Harold Yellen, in pro. per., and Thomas H. Lehrer of Andrews, Voorheis, Lehrer & Baggett, Fort Lauderdale, for appellants.

James J. Belcher of Law Offices of James J. Belcher, Pompano Beach, for appellee Long.

HERSEY, Judge.

This is an appeal from an order of the probate court dismissing appellants' petition for revocation of probate. Rule 5.025(a)(1) and (b)(2), Florida Rules of Probate and Guardianship Procedure provide that the Rules of Civil Procedure shall govern revocation proceedings. Rule 1.530, Florida Rules of Civil Procedure authorizes motions for rehearing; therefore appellants' motion for rehearing before the probate court tolled the time for appeal and this...

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