Magee v. Magee

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT In re Estate of Robert W. Magee. ) __________________________________ ) ) JUDITH MAGEE, ) ) Appellant, ) ) v. ) ) EDNA MAGEE, ) ) Appellee. ) _________________________________ ) Case No. 2D04-3294 Opinion filed June 3, 2005. Appeal from the Circuit Court for Pinellas County; George W. Greer, Judge. Robert W. Goldman of Goldman Felcoski & Stone, P.A., Naples, for Appellant. Joseph W. Fleece, III of Baskin Fleece, Clearwater, for Appellee. ORDER DISMISSING APPEAL NORTHCUTT, Judge. Judith Magee, the beneficiary of a revocable trust created by her nowdeceased father, appeals the order denying her objections to the elective share claimed by Edna Magee, the surviving spouse. As explained in Dempsey v. Dempsey, 30 Fla. L. Weekly D1067 (Fla. 2d DCA Apr. 27, 2005), an order determining the surviving spouse's entitlement to an elective share is a nonfinal and nonappealable order. In this case, the nonappealable nature of the order is further demonstrated by the circuit court's ruling that one of the claims, regarding whether the elective share statute was an unconstitutional impairment of contracts, was premature because it was too soon to tell whether trust assets would be needed to satisfy the elective share. Accordingly, we dismiss this appeal. Dismissed. WALLACE and LaROSE, JJ., Concur. -2-

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