Nelson v. McNeill
5/5/23, Judge Nardella
Topics: Arbitration; Writ of Mandamus
Nelson was sanctioned by the trial court in a probate matter. Entitlement to the sanction was found, but the trial court has not yet determined the monetary amount of the sanction. Thus, because judicial labor remains, that portion of his appeal had to be dismissed. Rule 9.170(b), Fla. R. App. P., permits probate appeals only in regard to orders that finally determine a right or obligation. (The remainder of the appeal simply affirmed the judge’s determination on the probate matter under an abuse of discretion standard).