Firm Obtains Dismissal of Appeal on Behalf of Co-Personal Representatives of Estate in Florida-based Probate Case


The Law Offices of Robin Bresky, through Of Counsel attorney Michele Feinzig, successfully moved to dismiss an appeal on behalf of the Firm’s Appellee clients, the co-personal representatives of an estate in a Florida-based probate case.  The Appellants, potential heirs of the estate, had appealed a probate court order that denied their motion to domesticate a foreign judgment from a West Virginia court adjudicating their equitable adoption.  The West Virginia court’s order of equitable adoption afforded Appellants the possibility of inheritance rights in the Florida estate, but the Florida probate court refused to domesticate the order under the doctrine of full faith and credit, because it was repugnant to Florida public policy.  Appellees moved to dismiss the appeal on the grounds that the Florida probate court’s order denying domestication of the West Virginia judgment was not an appealable final order, because the Appellants had failed to directly present their claim of equitable adoption in the Florida probate court, and as such, failed to obtain a final, appealable probate order.  The Fourth District agreed and dismissed the appeal.  This was the second time the Firm succeeded in obtaining dismissal of an appeal filed by these Appellants concerning this equitable adoption matter.