McDade-Hicks v. Hicks

• Decision Date: 12 June 2020
• Docket Number: Case No. 5D19-1239
• Citation: 298 So.3d 1243 (Mem)
• Parties: Grace MCDADE-HICKS, Surviving Spouse of Ricky Bernard Hicks (Deceased), Appellant, v. Victoria A. HICKS and Gregory B. HickS, Appellees.
• Court: Florida District Court of Appeals

298 So.3d 1243 (Mem)

Grace MCDADE-HICKS, Surviving Spouse of Ricky Bernard Hicks (Deceased), Appellant,

v.Victoria A. HICKS and Gregory B. HickS, Appellees.

Case No. 5D19-1239

District Court of Appeal of Florida, Fifth District.

Opinion filed June 12, 2020

Rehearing Denied June 26, 2020

Jennifer L. Kerkhoff and Amy Romaine, of A.M. Romaine, P.A., Rockledge, for Appellant.

No Appearance for Appellees.

PER CURIAM.

Grace McDade-Hicks appeals the order Determining Homestead Status of Real Property, arguing that the lower court erred because it improperly disposed of the property when the deceased's intent was clear. In addition, she argues the county court did not have jurisdiction to enter the order because it exceeded the scope of the administrative order that assigned the case to the county court. First, because McDade-Hicks failed to preserve the first issue, we affirm in part. See Aills v. Boemi, 29 So. 3d 1105, 1109 (Fla. 2010). Second, because this Court does not have jurisdiction to review the administrative orders that assign cases to county courts, we dismiss in part. See Wild v. Dozier, 672 So. 2d 16, 18 (Fla. 1996) ; Thweatt v. State, 861 So. 2d 1284, 1285 (Fla. 5th DCA 2004) ; Green v. State, 694 So. 2d 876, 877 (Fla. 2d DCA 1997).

AFFIRMED in Part; DISMISSED in Part.

COHEN, WALLIS, and GROSSHANS, JJ., concur.