New Appellate Rule for Probate and Guardianship Proceedings

Florida Rule of Appellate Procedure 9.170, which started in 2012, clarifies when you can appeal a decision in probate or guardianship cases. It lists 24 types of orders that can be appealed. The process of determining whether an order is final and can be appealed in probate and guardianship cases has been confusing in the past. The rules have been unclear, and different courts have had conflicting opinions. This has led to uncertainty about when a decision can be appealed. However, a new rule has been proposed to bring more clarity to the issue. The new rule provides a list of specific types of orders that can be appealed, making it easier for parties involved in probate and guardianship cases to understand when they can challenge a decision. Overall, the goal is to make the process more straightforward and avoid unnecessary appeals. The new rule for probate appeals allows parties to choose a simpler way to present their case to the appellate court, which can be helpful when dealing with a lot of documents. It also clarifies what can be reviewed on appeal. Unlike other types of appeals, probate orders must be appealed within 30 days, so it’s important to act quickly if you want to challenge a probate decision. The new rule makes it easier for people involved in probate and guardianship cases to appeal certain court orders. It’s important for lawyers and others involved in these cases to be careful and check the rules to see if an order can be appealed. Always consult Rule 9.170 when a probate or guardianship order is made to see if it can be appealed. This article talks about how important it is to file appeals in a timely manner in probate cases. It also introduces two attorneys, Rebecca and Jennifer, who are experts in handling appeals. The article is submitted by the Appellate Practice Section. “To teach members about their responsibilities to the public, make the justice system better, and improve legal knowledge.

Source: https://www.floridabar.org/the-florida-bar-journal/new-appellate-rule-for-probate-and-guardianship-proceedings/