GELDI v. MACCABE III (2018)

District Court of Appeal of Florida, Second District.

John GELDI, Jr., Appellant/Petitioner(s), v. Thomas MACCABE, III, Appellee/Respondent(s).

CASE NO.: 2D17–2744

Decided: February 19, 2018

The appellee's motion to dismiss is granted. This appeal is dismissed as from a nonappealable nonfinal order.

Because the probate court has exclusive jurisdiction over the settling of estates, this court cannot pass upon the request for appellate attorney's fees pursuant to section 733.106, Florida Statutes (2017). See Bissmever v. Southeast Bank, N.A., 596 So. 2d 678, 679 (Fla. 2d DCA 1991). This matter must be presented to the circuit court. We therefore deny the motion as it pertains to attorney's fees. In the motion for appellate attorney's fees, the appellee also sought costs. The appellee's request for costs is stricken without prejudice to the appellee's right to file a timely motion with the lower tribunal. See Fla. R. App. P. 9.400(a).

BY ORDER OF THE COURT:

CASANUEVA, KHOUZAM, and MORRIS, JJ., Concur.

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