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Dowdy v. The Estate of Dowdy

Florida Court of Appeals, Sixth District
Jun 9, 2023
368 So. 3d 532 (Fla. Dist. Ct. App. 2023)

Opinion

Case No. 6D23-1289

06-09-2023

Darren Allen DOWDY, Appellant, v. The ESTATE OF Juanita Joyce DOWDY, Appellee.

Darren Allen Dowdy, Kissimmee, pro se. No appearance for Appellee.


Darren Allen Dowdy, Kissimmee, pro se.

No appearance for Appellee.

STARGEL, J. Appellant, Darren Allen Dowdy, appeals the trial court's "Order of Summary Administration," "Order Authorizing Conversion to Summary Administration and an Order of Discharge," and "Order Determining Homestead Status of Real Property." Appellant does not raise any claims of error as to the specific orders on appeal, but instead raises seven claims of error regarding the denial of his request to be appointed as the personal representative as well as various issues concerning the distribution of assets.

This case was transferred from the Fifth District Court of Appeal to this Court on January 1, 2023.

We write only to address the timeliness of the issues raised pertaining to Appellant not being appointed as the personal representative. The Notice of Appeal did not include the November 3, 2021, "Order Appointing an Independent Personal Representative." Assuming it had, our Court would still be without jurisdiction because the Notice of Appeal was not filed until April 26, 2022. See Fla. R. App. P. 9.110(b) ; Naftel v. Pappas , 68 So. 3d 368, 368 (Fla. 1st DCA 2011) ("[T]he time to appeal the appointment ran from rendition of the order appointing the personal representative ...."). Accordingly, this portion of the appeal is dismissed.

See Edwards v. Codrington , 325 So. 3d 993, 996 (Fla. 5th DCA 2021) ("We are mindful that we construe pro se filings liberally."); Hanna-Mack v. Bank of Am., N.A. , 218 So. 3d 971, 973 (Fla. 3d DCA 2017).

We affirm the trial court's orders as to the remaining issues without further comment.

DISMISSED in part; AFFIRMED in part.

NARDELLA and WHITE, JJ., concur.


Summaries of

Dowdy v. The Estate of Dowdy

Florida Court of Appeals, Sixth District
Jun 9, 2023
368 So. 3d 532 (Fla. Dist. Ct. App. 2023)
Case details for

Dowdy v. The Estate of Dowdy

Case Details

Full title:Darren Allen Dowdy, Appellant, v. The Estate of Juanita Joyce Dowdy…

Court:Florida Court of Appeals, Sixth District

Date published: Jun 9, 2023

Citations

368 So. 3d 532 (Fla. Dist. Ct. App. 2023)