In Re the Estate of Herbert Bernard Ivison, Jr.: Malouf & Malouf, Pllc v. the Estate of Herbert Bernard Ivison, Jr.

Summary

The court held that Malouf’s timely probated claim was not barred by the statute of limitations because an earlier order incorporated an asset-sale agreement requiring payment of all timely probated claims. The court also held that Malouf’s appeal was timely because the order denying its claim was interlocutory under the unusual circumstances of the estate and became appealable only when certified under Rule 54(b). The judgment was reversed and remanded with instructions to pay Malouf from the asset-sale proceeds.