Brake v. Murphy, 96-1881
| Decision Date | 12 February 1997 |
| Docket Number | No. 96-1881,96-1881 |
| Citation | 688 So.2d 403 |
| Parties | 22 Fla. L. Weekly D412 Eileen M. BRAKE, Appellant, v. Eve E. MURPHY, et al., Appellees. |
| Court | Florida District Court of Appeals |
An Appeal from the Circuit Court, Dade County; Robert H. Newman, Judge.
Robert M. Brake, Coral Gables, for appellant.
Richard T. Kozek, Jr., Miami, for appellees.
Before SCHWARTZ, C.J., and GERSTEN and GREEN, JJ.
We dispose of the several orders now on appeal in this interminable litigation as follows: (1) The order awarding attorney's fees for services performed in securing the judgment which has since been reversed in Brake v. Murphy, 687 So.2d 842 (Fla. 3d DCA 1996), is necessarily likewise reversed. (2) The order denying Rule 1.540 relief is affirmed. (3) The attempted review of a nonappealable order denying a motion for a more definite statement is dismissed. (4) The sua sponte order purporting to partially deprive Mrs. Brake of her share in the estate is reversed as both procedurally and substantively unauthorized.
Affirmed in part, reversed in part, dismissed in part.
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The Florida Bar v. Brake
...v. Estate of Murphy, 719 So.2d 333, 333 (Fla. 3d DCA 1998); see also Brake v. Swan, 733 So.2d 1051 (Fla. 3d DCA 1999); Brake v. Murphy, 688 So.2d 403 (Fla. 3d DCA 1997); Brake v. Third District Court of Appeal, 666 So.2d 142 (Fla.1995), cert. denied, 516 U.S. 1147, 116 S.Ct. 1019, 134 L.Ed.......
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Brake v. Murphy, 96-3026
...a continuance which assessed a fine. Petition granted. The writ of prohibition is issued and the cause remanded. 1 Brake v. Murphy, 688 So.2d 403 (Fla. 3d DCA 1997).2 The surcharge order was signed June 21, 1993, one week after the second ex parte ...
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Brake v. Swan, 98-1991.
...proceedings as involving "interminable litigation." See Brake v. Murphy, 693 So.2d 663, 664 (Fla. 3d DCA 1997); Brake v. Murphy, 688 So.2d 403, 404 (Fla. 3d DCA 1997). 3. The orders under review are one dated July 20, 1998, entered in both probate proceedings, and an order dated July 6, 199......
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