Appealability, Probate: Trustee’s Attorney’s Appeal Of Order Denying Fees Without Prejudice Was Not A Final Appealable Order

Appeal Was Dismissed, But Attorney Could Renew Request In Civil Court.

            In Katzen v. Callan, Case No. G055985 (4^th Dist., Div. 3 Sept. 23, 2019) (unpublished), the 4/3 DCA—in an opinion authored by Presiding Justice O’Leary—dismissed an appeal by a trustee’s former attorney denying a fee request because the denial was without prejudice.  So, there was no final appealable order worthy of appellate jurisdiction, not to mention that the request could be renewed in civil court at the right time.