Taylor v. Merwin
| Decision Date | 03 December 1940 |
| Parties | TAYLOR v. MERWIN. |
| Court | Florida Supreme Court |
Rehearing Denied Dec. 20, 1940.
Proceeding by S.E. Taylor to vacate and set aside an order confirming a sale made by A. D. Merwin, as administrator of the estate of Julia M. Taylor, deceased. From an order affirming the county judge's order denying the petition, petitioner appeals.
Affirmed. Appeal from Circuit Court, St. Lucie County; Alto Adams, judge.
Sumner & Sumner, of Fort Pierce, for appellant.
Walter M. Rogers and T. B. Ellis, Jr., both of Fort Pierce, for appellee.
The appeal brings for review order of the Circuit Judge of the Ninth Judicial Circuit of Florida in and for St. Lucie County, affirming the order of the County Judge of that County denying petition wherein an order was sought to vacate and set aside the confirmation of a sale made by the administrator under order of the court on the 16th day of December, 1937.
The petition was filed on April 3, 1940.
The petition constituted a collateral attack upon the order sought to be vacated and set aside. The order of the County Judge had become absolute by the passage of time. The order of confirmation was not appealed from and has not been reversed, set aside or altered. Therefore, it is not now subject to collateral attack. See Mitchell v. Bogue, 142 Fla. 787, 196 So. 306; 11 R.C.L. par. 436, p. 367; Alabama Hotel Co. v. J. L. Mott Iron Works, 86 Fla. 608, 98 So. 825; Lord v. Dowling Co., 52 Fla. 313, 42 So. 585; Gaines v. Russ, 60 Fla. 317, 53 So. 113; Malone v. Meres, 91 Fla. 490, 107 So. 625; Einstein et al. v. Davidson, 35 Fla. 342, 17 So. 563; Kroier v. Kroier, 95 Fla. 865, 116 So. 753; Myrick v. Merritt, 21 Fla. 799.
Accordingly, the order appealed from is affirmed.
So ordered.
ADAMS, J., disqualified.
BROWN, J., not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
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