Probate Appeal Dismissed on Behalf of Firm’s Appellee Clients
The Firm, through Of Counsel attorney Joanne Rose Telischi, successfully moved to dismiss an appeal on behalf of its Appellee clients, the 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 that adjudicated their equitable adoption, affording Appellants the possibility of inheritance rights in the Florida estate. Appellees moved to dismiss the appeal on two grounds demonstrating that the probate court’s order denying domestication was not an appealable final order: (1) the order denying domestication also invited Appellants to seek an equitable adoption in Florida; and (2) further proceedings were occurring in the foreign court to re-adjudicate the equitable adoption judgment sought to be domesticated. The Fourth District agreed and dismissed the appeal.