Ginger Johnson Days v. In Re: Estate of Dorothy Brown

Summary

The Third District Court of Appeal of Florida held that an October 27, 2023 homestead determination was a final, appealable probate order that was neither appealed nor otherwise challenged. The successor probate judge therefore lacked jurisdiction to vacate it sua sponte, and the court quashed the January 16, 2025 order.

Holdings

1. A successor probate court judge lacks jurisdiction to vacate a prior final, appealable homestead order that was neither appealed nor otherwise challenged.

Questions Presented

1. Whether a successor probate court judge had jurisdiction to sua sponte vacate a prior final, appealable homestead order that was not appealed or otherwise challenged.

Disposition

quashed