JOSEPH NELSON v. DARCELLE MCNEILL ESTATE OF JOSEPH NELSON (2023)

Joseph Nelson (“Nelson”) appeals the probate court's March 3, 2022 order imposing sanctions against him.¹

Because judicial labor remains to determine the amount of the monetary sanction against Nelson, we dismiss that portion of the appeal. See Fla. R. App. P. 9.170(b) (limiting appeals to orders that finally determine a right or obligation of an interested person as defined in the Florida Probate Code); see also N. Tr. Co. as T. of Elizabeth W. Walker Tr. v. Abbott, 313 So. 3d 792, 795 (Fla. 2d DCA 2021) (noting that orders which clearly contemplate additional judicial labor by the probate court do not finally determine a right or obligation). As to the probate court's determination that Nelson shall not receive any distribution from the Estate we find that portion of the trial court's order to be final because no further judicial labor is required to disinherit Nelson. See id. We further find that the probate court did not abuse its discretion in finding that Nelson's failure to comply with its earlier order was willful and wanton. See Mercer v. Raine, 443 So. 2d 944, 946 (Fla. 1983) (affirming trial court's order granting sanctions where record contained logical basis for exercise of trial court's discretion and trial court found defendant's actions amounted to willful disregard). Accordingly, we affirm that portion of the probate court's order without further discussion.

DISMISSED in part; AFFIRMED in part.

FOOTNOTES

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

NARDELLA, J.

SASSO, C.J., and WOZNIAK, J., concur.