Erisvanha Ramos De Souza v. In Re: Estate of Jose Ferreira de Oliveira

Summary

The Florida Third District Court of Appeal held that the trial court reversibly erred by opening an ancillary estate administration and appointing a curator without first conducting an evidentiary hearing on the appellants’ challenge to subject matter jurisdiction. The court reversed the challenged non-final orders and remanded with instructions to hold an evidentiary hearing limited to subject matter jurisdiction.

Holdings

1. The Third District had jurisdiction under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii) because the challenged orders determined the right to immediate possession of property, including estate assets and the $50,000 deposit.
2. When appellants challenged the trial court's subject matter jurisdiction to open an ancillary administration, the trial court was required to hold an evidentiary hearing on that challenge before opening the ancillary administration and appointing the curator.
3. The appellate court could not resolve the underlying factual dispute concerning subject matter jurisdiction because appellate courts are not empowered to make initial findings of fact.

Questions Presented

1. Whether the challenged non-final orders were appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii) because they determined the right to immediate possession of property.
2. Whether the trial court reversibly erred by opening an ancillary administration and appointing a curator without first holding an evidentiary hearing on appellants' challenge to ancillary subject matter jurisdiction.
3. Whether the appellate court could resolve the underlying factual jurisdictional dispute without an evidentiary record developed by the trial court.

Disposition

reversed_and_remanded