<![CDATA[order determining homestead - Law Office of James W. Martin, P.A.]]> https://www.jamesmartinpa.com/blog/tags/order-determining-homestead/ Wed, 27 May 2026 15:08:00 GMT en-us <![CDATA[Reminder: 30 Days Is the Deadline to Appeal an Order of Summary Administration and an Order Determining Homestead]]> https://www.jamesmartinpa.com/blog/reminder-30-days-is-the-deadline-to-appeal-an-order-of-summary-administration-and-an-order-determining-homestead/ https://www.jamesmartinpa.com/blog/reminder-30-days-is-the-deadline-to-appeal-an-order-of-summary-administration-and-an-order-determining-homestead/ Wed, 27 May 2026 15:02:54 GMT A recent Florida appellate court opinion reminds Florida probate lawyers that 30 days is the deadline to file an appeal of a probate court order when the order is final. The question then is what is a final order. Two common final orders in probate are an order of summary administration and an order determining…

]]> A recent Florida appellate court opinion reminds Florida probate lawyers that 30 days is the deadline to file an appeal of a probate court order when the order is final. The question then is what is a final order. Two common final orders in probate are an order of summary administration and an order determining homestead status of real estate. Both are subject to the 30-day time limit to file an appeal set forth in Fla. R. App. P. 9.110(b) (Appeal Proceedings to Review Final Orders of Lower Tribunals…). See Dorsey v. Hearns, 2026 Fla. App. LEXIS 2978 (Fla. 6th DCA 2026).

The Dorsey court stated that these orders are also subject to the 15-day time limit to file a motion for rehearing under Fla. Prob. R. 5.020(d) (Pleadings; Verification; Motions).

The court also pointed out that Fla. R. Civ. P. 1.540 (Relief from Judgment, Decrees, or Orders) did not apply because the proceeding was not an adversary proceeding under the Florida Probate Rules, which “contain no analogue to Rule 1.540.” This makes it even more important to recognize the 30-day time limit to appeal an order of summary administration and an order determining homestead status of real property.

This page was written by James W. Martin, Esq. and last updated on May 27, 2026.

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