Phrase search :estate trusts
Results 1-5961
1-CITE: 740 So.2d 1 Jo Ellen PHILLIPS, Appellant, v. The ESTATE OF Marie M. HOLZMANN, Appellee.
TEXT: GERSTEN, J. Jo Ellen Phillips ( appellant ) appeals an order requiring her to return
$25,000...reated and the trial court properly ordered the appellant to return the property to the
estate. The judgment is affirmed in all respects. Affirmed.
2-CITE: 745 So.2d 559 Edward F. MORRILL, III, et al., Appellant, v. Robert C. TRUMP, Appellee.
TEXT: ON APPELLEE S MOTION TO DISMISS APPEAL AND ALTERNATIVELY APPELLEE S MOTION TO STRIKE
APPELLAN... properly obtainable. Appeal DISMISSED; REMANDED to trial court for further action
consistent with this opinion. HARRIS and PETERSON, JJ., concur.
3-CITE: 701 So.2d 1228 Alan P. STEPT and Edythe E. Eisenberg, individually and as residuary
beneficiaries of the revocable Living Trust created by Samuel Stept and Celia Stept, Appellants, v.
August C. PAOLI and Charles E. Paoli, Jr., individually and as Co-Partners, d b a Paoli & Paoli,
Appellees.
TEXT: DAKAN, STEPHEN L., Associate Judge. Appellants, Alan Stept and Edythe E. Eisenberg, were
the... we see no reason to expand the limited privity exception and reject Appellants invitation to
do so. AFFIRMED. STONE, C.J., and GROSS, J., concur.
4-CITE: 676 So.2d 511 David ROBINSON, as Co-Personal Representative and as Co-Trustee, Shirley Ann
Robinson, and Jill Robinson, Appellants, v. Marilyn Z. ROBINSON, as Co-Trustee of the Marvin
Robinson Marital Trust, S. Sam Tootalian, individually and as Co-Trustee, Steven Smilack and Jeffrey
Boren, Appellees.
TEXT: STONE, Judge. Finding no ambiguity within the provisions of the Marvin L. Robinson amended
a...tamentary scheme, in both the above cited cases, the instruments in question lacked any form of
mutuality which would justify reading them together.
5-CITE: 524 So.2d 1126 Thomas A. RICHARDSON, Appellant, v. John H.M. RICHARDSON, individually, and
Priscilla M. Richardson, Personal Representative of the Estate of Herbert M. Richardson, Deceased,
Appellees.
TEXT: COWART, Judge. Herbert Richardson died, leaving a widow, four sons, and a will creating a
ma.... 55, 157 S.W. 1032 (Mo.1913); Annot., Contingent interest as sufficient to entitle one to
oppose or contest will or codicil, 162 A.L.R. 843 (1946).
6-CITE: 622 So.2d 157 In re ESTATE OF Harry B. REESE, Jr. Shirley S. Reese, Robert M. Reese, Renee
Reese, Emily Claire Reese, Robert William Reese, Carol R. Wildonger, Kenneth Wildonger, Jill
Cathleen Wildonger, Beth Kristina Wildonger, Mark Kenneth Wildonger, James David Reese, M.D.,
Phyllis Reese, Harry Burnett Reese, Lauren Elizabeth Reese, Jamey Nicole Reese, Sarah Alexandra
Reese, Anne Louise Reese, M.D., Priscilla Reese and Ryan Nathan Reese, and all unborn children of
Robert M. Reese, Carol R. Wildonger, James David Reese, M.D. and Anne Louise Reese, M.D., Appellees.
TEXT: FASTRACK APPEAL DELL, Chief Judge. Petitioners, personal representatives of the estate of
H...se and remand this case to the trial court with instructions to grant appellants petition.
REVERSED and REMANDED. ANSTEAD and HERSEY, JJ., concur.
7-CITE: 572 So.2d 1014 In re the ESTATE OF Richard David WATKINS, Deceased.
TEXT: FASTRACK APPEAL PER CURIAM. This appeal involves the unpleasant but not unfamiliar
scenario... further proceedings on appellant s petition, consistent with this opinion. DOWNEY and
POLEN, JJ., and SHAHOOD, GEORGE A., Associate Judge, concur.
8-CITE: 479 So.2d 312 FIRST NATIONAL BANK OF FLORIDA, etc., Appellant, v. Eleanor H. MOFFETT, etc.,
Appellee.
TEXT: UPCHURCH, Judge. The First National Bank of Florida appeals from a final judgment requiring
...below, in the language pertaining to the administration of each part, the settlor refers only to
trust assets , significantly omitting the word all.
9-CITE: 548 So.2d 1116 Edith J. WILCOX, etc., Plaintiff-Appellant, v. William Rene LEVEROCK, et al.,
Defendants-Appellees.
TEXT: GRIMES, Justice. Pursuant to section 25.031, Florida Statutes (1987), and Florida Rule of
Ap...ed States Court of Appeals for the Eleventh Circuit. It is so ordered. EHRLICH, C.J., and
OVERTON, McDONALD, SHAW, BARKETT and KOGAN, JJ., concur.
10-CITE: 522 So.2d 907 Wesley J. BARTELT, Appellant, v. Barbara I. BARTELT and Wendy J. Bartelt,
Appellees.
TEXT: ORFINGER, Judge. Appellant the defendant below. appeals from a final judgment awarding
$60,0...2,000, leaving a shortage which does not exceed $36,000 and which will be actually lesser in
amount when sales expenses taxes and fees are deducted.
11-CITE: 486 So.2d 629 INTERNATIONAL COMMUNITY CORPORATION, Appellant, v. Victor YOUNG, et al.,
Appellees.
TEXT: COWART, Judge. Appellee, an attorney for appellant corporation, at the request of a
corporat... Those claims appear to be but alternative theories for the recovery of the same damages
sought in the count for participation in a breach of trust.
12-CITE: 507 So.2d 1227 Dorothy L. PARR and Virgil A. Harrell, individually and as Trustees of the
Property of Grace Harrell, a k a Grace Earl Harrell, Incompetent, Appellants, v. Peter CUSHING,
etc., Appellee.
TEXT: SHARP, Judge. Parr and Harrell appeal from a final declaratory judgment removing them as
tru... (court s interest in assuring proper administration of trust was greater than testator s
right to name her representative in light of malfeasance.)
13-CITE: 488 So.2d 909 Lucy QUICK and Michael Quick, her son, Appellants, v. STATE FARM FIRE AND
CASUALTY COMPANY, Appellee.
TEXT: MILLS, Judge. Lucy Quick, for herself and for her minor son, appeals from entry of final
sum...re not covered by the policy or on the policy s unambiguous exclusion of the type of injury
alleged. Affirmed. WENTWORTH and NIMMONS, JJ., concur.
14-CITE: 547 So.2d 943 Mario Mack SANCHEZ and Mario Jose Sanchez, Appellants, v. Zary Maria SANCHEZ DE
DAVILA, Maliano Ramon Sanchez Franco, Luris Sanchez Gago, Mario Jose Sanchez Castillo, Zaida De
Jesus Sanchez De Gonzalez, Irama Maria Sanchez Graffe De Arredondo, Omaida Maria Sanchez Gago,
Osiris De Jesus Sanchez De Hernandez, Maria Conception Sanchez Cedeno, Mario Rafael Sanchez Blanco,
Rogelia Maria Sanchez Vargas and Olga Maria Sanchez Gonzalez and Abner Solomon, as personal
representative of the estate of Mario Sanchez, Appellees.
TEXT: HUBBART, Judge. This is an appeal from a final summary judgment which orders, in accord
with...law of Florida and is therefore entirely constitutional; this being so, the statute applies
to the Totten trust created in the instant case in 1979.
15-CITE: 541 So.2d 1348 Louis SCHWARZKOPF, et al., etc., Appellants, v. AMERICAN HEART ASSOCIATION OF
GREATER MIAMI, INC., etc., et al., Appellees.
TEXT: SCHWARTZ, Chief Judge. Harold J. Ramsfelder s will left the remainder of his estate to
three...have done so if he had known that the conditions he had placed upon his gifts to them would
be violated. It would have served them right. Reversed.
16-CITE: 629 So.2d 181 Juanita Lee ZANAKIS and Michael Zanakis, Appellants, v. Sophie ZANAKIS,
Appellee.
TEXT: KLEIN, Judge. The trial court imposed a resulting trust on appellants real estate, and they
...n v. Phipps, 93 Fla. 805, 113 So. 419 (1927). We affirm the judgment in all respects. HERSEY,
J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
17-CITE: 573 So.2d 873 Marion James GRAY, Petitioner, v. Eugene Carter WORLEY, et al., Respondents.
TEXT: PER CURIAM. Marion James Gray seeks review of and order of the probate court, sitting in
its...uardianship of the ward and creates a total dispositive plan for the ward s estate. Gray was
named as a beneficiary in a purported will of the ward.
18-CITE: 547 So.2d 683 Maxine M. BRENT, Appellant, v. George A. SMATHERS, Alicia Lammerts and James F.
Breuil, Jr., Appellees.
TEXT: FERGUSON, Judge. James F. Breuil, now deceased, left a will which created a master trust
and...r of law, on the unjust enrichment claim. The summary judgment is affirmed as to Smathers and
reversed as to the beneficiaries Lammerts and Breuil.
19-CITE: 574 So.2d 249 Lourdes Rodriguez LOPEZ, as Personal Representative of the Estate of Isabel
RODRIGUEZ, Appellant, v. Carlos RODRIGUEZ and Southeast Bank, N.A., Appellees.
TEXT: BASKIN, Judge. Lourdes Rodriguez Lopez, personal representative of the Estate of Isabel
Rodr...y dismissed the claims against Carlos and the bank. Section 658.58, Fla.Stat. (1989).
Accordingly, we affirm the trial court s orders of dismissal.
20-CITE: 686 So.2d 1373 Evelyn L. LUDWIG, individually, and as Personal Representative of the Estate of
Adrain Robert Ludwig, deceased, Appellant, v. AMSOUTH BANK OF FLORIDA, f k a The First National Bank
of Clearwater, and John Fisher Ludwig, Appellees.
TEXT: PER CURIAM. Evelyn L. Ludwig, as personal representative of the Estate of Adrain Robert
Ludw...affirm the trial court s decision to deny the claim of Robert s Estate. FRANK, A.C.J., BLUE,
J., and WHITTEMORE, JAMES D., Associate Judge, concur.
21-CITE: 721 So.2d 426 Juanita NALLS, Appellant, v. Inez MILLENDER, Second Successor-Trustee of the
Trust Estate of Elizabeth Perry, deceased, Appellee.
TEXT: KLEIN, Judge. Appellant, one of twelve beneficiaries of a trust, brought this action
allegin... fees and costs under these circumstances was not an abuse of discretion. Affirmed.
STONE, C.J., and OWEN, WILLIAM, C., Jr., Senior Judge, concur.
22-CITE: 502 So.2d 454 David FLINN, Personal Representative and Lucy V. Flinn and David Flinn,
Appellants, v. S. Grant VAN DEVERE, Appellee.
TEXT: SCHWARTZ, Chief Judge. The trial court determined that realty owned by Ms. Van Devere was
no...ed. ------------ (FN2) We observe that the attorneys who drew the instruments for the decedent
are not those who presently represent the appellants.
23-CITE: 498 So.2d 955 Virginia ROBBINS, Appellant, v. Joan HUNYADY, W. Paul Robbins, Susan Babjack,
John Robbins, Christine Robbins, Daniel Robbins, Margaret Rivers, Michael Robbins, Anne Rice, Bonnie
Kraus, Norman Johnston and Marlene Platz, Appellees.
TEXT: GRIMES, Acting Chief Judge. This appeal involves the interpretation of a declaration of
trus...urse, the provisions of the declaration continue to control the disposition of the assets of
Trust A. Reversed. SCHOONOVER and FRANK, JJ., concur.
24-CITE: 645 So.2d 168 Howard F. ULLMAN, as Guardian of the Person and Property of Irene Oldensmith,
Incompetent, Appellant, v. David GARCIA, Appellee.
TEXT: PER CURIAM. Appellant Howard F. Ullman, as guardian of the estate of Irene Oldensmith,
appea...able Totten trusts created by the ward. The trial court is instructed not to award attorney
s fees to the guardian for these proceedings. Affirmed.
25-CITE: 604 So.2d 864 Manuel DOURADO, Appellant Cross-Appellee, v. Maria D. CHOUSA, etc., et al.,
Appellees Cross-Appellants.
TEXT: PETERSON, Judge. Manuel Dourado appeals portions of the trial court s 31-page amended final
...ion is remanded for further proceedings for which the trial court reserved jurisdiction.
AFFIRMED in part; REMANDED. COBB and HARRIS, JJ., concur.
26-CITE: 545 So.2d 304 Lyle D. LIEBERMAN, as Personal Representative of the Estate of Iraida G. Mesa,
deceased, Appellant, v. Edward I. GOLDEN, as Guardian Ad Litem for the Cuban Nationals, Jose R.
Mesa, Juana Maria Mesa, Alina M. Gonzalez Trujillo, Francisco Carlos Gonzalez Trujillo, Carmen
Valdes Mesa, Jesus Valdes Mesa and Consuelo Mesa Fereira, Appellees.
TEXT: FERGUSON, Judge. The deceased, Iraida G. Mesa, executed a will and codicil creating trusts,
...atrix s unambiguous testamentary scheme while giving effect to all of its provisions. See
Meszaros v. Holsberry, 84 So.2d 565 (Fla.1956). Affirmed.
27-CITE: 467 So.2d 839 LANDMARK FIRST NATIONAL BANK OF FORT LAUDERDALE and Stephen F. Johnson,
Appellants Cross-appellees, v. Stanley HAVES, Appellee Cross-appellants.
TEXT: WALDEN, Judge. This appeal concerns a spendthrift trust and its vulnerability to the claim
o... consistent with this opinion and with the opinion rendered in Bacardi v. White. Reversed and
remanded. ANSTEAD, C.J., and GLICKSTEIN, J., concur.
28-CITE: 600 So.2d 537 In re ESTATE OF Joseph Wellington PALMER, Deceased.
TEXT: POLEN, Judge. Appellants bring this appeal from the trial court s order entered subsequent
t...ial court s order awarding the estate of Helen Palmer $83,301.45 plus interest of $24,675.49.
AFFIRMED. GLICKSTEIN, C.J., and ANSTEAD, J., concur.
29-CITE: 585 So.2d 1064 Lee G. SANDERS, Appellant, v. CITIZENS NATIONAL BANK OF LEESBURG, Appellee.
TEXT: GRIFFIN, Judge. Appellant seeks review of an order dismissing with prejudice his suit
seekin...n his own right. We note, however, that appellant s principal claims are legal in nature,
punitive damages are claimed and a jury trial is demanded.
30-CITE: 689 So.2d 1169 Brigitte Michelle ENGELBRECHT, Appellant, v. Polly Anne EARL, as Personal
Representative of the Estate of Oscar A. Jose, Jr., Appellee.
TEXT: PER CURIAM. This appeal arises from an order entered in probate and involves the
apportionme... to the decedent s interest in jointly held property. We agree with Pfeifer and
therefore affirm. GUNTHER, C.J., and FARMER and KLEIN, JJ., concur.
31-CITE: 463 So.2d 223 SOUTHEAST BANK, N.A., formerly known as Southeast Bank Trust Company,
Petitioner, v. Betty J. GILBERT, Respondent.
TEXT: ALDERMAN, Justice. We review the decision of the District Court of Appeal, Second District,
...edings consistent with our decision in Bacardi. It is so ordered. ADKINS, OVERTON, MCDONALD,
EHRLICH and SHAW, JJ., concur. BOYD, C.J., dissents.
32-CITE: 576 So.2d 862 Glenda NAHAR, etc., et al., Appellants, v. Orol Mildred Jap-A-Joe NAHAR, et al.,
Appellees.
TEXT: PER CURIAM. The issue raised on appeal is whether a probate court may order that the costs
o...termination as to whether these funds are or are not subject to probate. Likewise, they should
not be used to pay administration costs at this time.
33-CITE: 659 So.2d 474 MANUFACTURERS NATIONAL BANK OF DETROIT and Manufacturers Bank and Trust Company
of Florida, Appellants, v. Michelle MOONS and Molly Leban, as Co-Guardians of the person and
property of Mary L. Moons, Incompetent, Appellees.
TEXT: OWEN, WILLIAM C., Jr., Senior Judge. Appellants, trustees of certain trusts administered in
...g and other information. This disposition renders moot the remaining issue. Reversed, in part,
and remanded. GUNTHER, C.J. and FARMER, J., concur.
34-CITE: 737 So.2d 1238 ESTATE OF Jerome BAIN, deceased, Appellant, v. Reinaldo BIBOLINI, Appellee.
TEXT: PER CURIAM. Because funds held in an escrow account maintained by the seller s attorney for
...992); Estate of Bain v. Gateway Group, Inc., 605 So.2d 167 (Fla. 3d DCA 1992); see also Estate of
Bain v. Bibolini, 711 So.2d 92 (Fla. 3d DCA 1998).
35-CITE: 629 So.2d 220 Timothy J. ROBBIE; Janet L. Robbie; Daniel T. Robbie, as Trustee of the Joseph
Robbie Trust and as Trustees of the Insurance Trust, Petitioners, v. Joseph Michael ROBBIE; Diane E.
Truly; Deborah R. Olson; and Kevin P. Robbie, Respondents.
TEXT: PER CURIAM. The Petitioners are the Trustees for two trusts of which they, along with the
Re...discovery order to the extent it granted Respondent s requests for production numbered 6, 7, 8,
12, 13, 14, 15, 16, 17, and 25. Certiorari granted.
36-CITE: 499 So.2d 4 In re the ESTATE OF Arthur S. KAUFMAN, Deceased. EQUIBANK, Appellant, v. Stephen
P. KAUFMAN, Personal Representative of the Estate of Arthur S. Kaufman, Deceased, Appellee.
TEXT: PER CURIAM. We affirm the order of the probate judge extending the time for Equibank to
file.... Williams v. Estate of Williams, 493 So.2d 44 (Fla. 5th DCA 1986). DOWNEY and ANSTEAD, JJ.,
and WILLIS, BEN C., Associate Judge (Retired), concur.
37-CITE: 743 So.2d 551 Laurens Tykle HARE, Appellant, v. MILLER, CANFIELD, PADDOCK AND STONE, a
Michigan partnership including professional corporations, and its successors in interest by merger
or otherwise; George F. deClaire, individually; and Michael R. Atkins, individually, Appellees.
TEXT: POLEN, J. Laurens Tykle Hare, beneficiary of a trust drafted by Miller, Canfield, Paddock
an...ement of the second amended complaint, and further proceedings consistent, with this opinion.
REVERSED and REMANDED. STONE and GROSS, JJ., concur.
38-CITE: 720 So.2d 540 In re ESTATE OF Marvin ROBINSON, Deceased. Shirley ROBINSON, Appellant, v.
Marilyn Z. ROBINSON, etc., et al., Appellees.
TEXT: BROWNELL, SCOTT M., Associate Judge. This case presents an issue of first impression in
Flor... interest of the settlor. We affirm as to all other issues raised based on law of the case or
as being without merit. KLEIN and GROSS, JJ., concur.
39-CITE: 500 So.2d 737 In re The Former Marriage of Sandra (Mundy) STONE, and Harry L. Mundy, III,
SOUTHEAST BANK OF SARASOTA, Appellants, v. Sandra (Mundy) STONE, Appellee.
TEXT: SMITH, Judge. Appellant, Southeast Bank of Sarasota, appeals the trial court s income
deduct... to be made from a discretionary trust, they are not subject to court-ordered enforcement
measures. REVERSED. WENTWORTH and BARFIELD, JJ., concur.
40-CITE: 573 So.2d 962 Herbert SHESSEL, et al., Appellants, v. ESTATE OF Mary Edith CALHOUN, deceased,
Appellee.
TEXT: SCHWARTZ, Chief Judge. The order striking the appellants claim because of an alleged
failure...77 So.2d 691 (Fla. 1st DCA 1965); see also Scutieri v. Estate of Revitz, 510 So.2d 1003
(Fla. 3d DCA 1987), review denied, 519 So.2d 986 (Fla.1988).
41-CITE: 545 So.2d 400 Christopher HATCHER, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES, Appellee.
TEXT: ERVIN, Judge. This is an appeal from a final order rendered by the Department of Health and
...e Judge, concur. ------------ (FN3) See Rule 10C-8.0182(2)(a) of the Florida Administrative Code
(1989). (FN4) Chapter 744, Florida Statutes (1987).
42-CITE: 703 So.2d 487 J. Herbert POUNDS and Rice H. Pounds, Appellants, v. Betty B. POUNDS, Appellee.
TEXT: W. SHARP, Judge. J. Herbert Pounds and Rice H. Pounds appeal from a final order, which
denie...). They have not yet occurred. On remand, the trial court should address this problem.
REVERSED and REMANDED. GRIFFIN, C.J., and COBB, J., concur.
43-CITE: 503 So.2d 1003 In re The ESTATE OF William J. GALLO, Deceased.
TEXT: PER CURIAM. AFFIRMED on the authority of Samuels v. Estate of Ahern, 436 So.2d 1096 (Fla.
4t...v. Estate of Ahern, 436 So.2d 1096 (Fla. 4th DCA 1983), pet. for rev. denied, 449 So.2d 265
(Fla.1984). ANSTEAD, LETTS and GLICKSTEIN, JJ., concur.
44-CITE: 624 So.2d 349 Imogene VARNES, Appellant, v. Donald Ray DAWKINS, Appellee.
TEXT: PER CURIAM. Appellant, Imogene Varnes, appeals the trial court s order dismissing with
preju...xpress no view on the merits of appellant s claims. REVERSED and REMANDED for further
consistent proceedings. SMITH, BOOTH and MINER, JJ., concur.
45-CITE: 534 So.2d 1182 ESTATE OF Mark H. WEINBERG, Tony Rodriguez, as personal representative and
Harriett Weinberg, Appellants, v. Sally L. SCHWARTZ, Delphine Glazer and Florence Slater, Appellees.
TEXT: PER CURIAM. Affirmed. In re Estate of Dumas, 413 So.2d 58 (Fla. 5th DCA), rev. denied, 422
S...state of Rice, 406 So.2d 469 (Fla. 3d DCA 1981), rev. denied, 418 So.2d 1280 (Fla.1982); In re
*1183 Will of Jones, 289 So.2d 42 (Fla. 2d DCA 1974).
46-CITE: 629 So.2d 995 Richard A. SINNES, Appellant, v. August J. PERENO and Dominick J. Napoli, Jr.,
as Co-personal Representatives of the Estate of Dominik J. Napoli, a k a Dan Napoli, a k a Damin
Napoli, Deceased, Appellees.
TEXT: JORGENSON, Judge. Richard A. Sinnes appeals from an order of the probate division of the
cir...e the lower court s order that the $50,000 bequest to Sinnes lapses and remand for proceedings
consistent with this opinion. Reversed and remanded.
47-CITE: 469 So.2d 903 Potter PALMER IV, next friend of Gordon Palmer O Neil and Sandra Potter O Neil,
minors, Appellant, v. Mallory H. HORTON, as Guardian Ad Litem of Gordon Palmer O Neil and Sandra
Potter O Neil, minors, and John H. O Neil, Jr., individually and as Trustee under Agreement with
Rose Palmer O Neil, dated March 15, 1971 and John H. O Neil III, Appellees.
TEXT: NESBITT, Judge. Potter Palmer IV (Palmer) appeals an order requiring him to pay costs,
guard...13 So.2d 909 (1943). Our discussion of the trial court s abuse of discretion with regard to
the award of fees applies equally to the award of costs.
48-CITE: 458 So.2d 802 The ESTATE OF Rebecca VADALA, deceased, Appellant, v. Gene FLINN, Appellee.
TEXT: PER CURIAM. Affirmed. Sheffield v. Dallas, 417 So.2d 796 (Fla. 5th DCA 1982); In Re Estate
o...So.2d 796 (Fla. 5th DCA 1982); In Re Estate of Ryecheck, 323 So.2d 51 (Fla. 3d DCA 1975); In Re
Estate of McCune, 223 So.2d 787 (Fla. 4th DCA 1969).
49-CITE: 519 So.2d 1106 Jean A. HORN, Personal Representative of the Estate of Victor E. Horn,
Deceased, Appellant, v. AIR SAL, INC., Appellee.
TEXT: PER CURIAM. This is an appeal by the personal representative of an estate from a trial
court..., 194 So.2d 307, 309 (Fla. 1st DCA 1967); cf. English v. Hecht, 189 So.2d 366, 367 (Fla. 3d
DCA), cert. denied, 194 So.2d 619 (Fla.1966). Affirmed.
50-CITE: 511 So.2d 340 Victoria C. ABBALE, Guardian of the Property of Marina Ramona Cabanelas,
Deceased, Appellant, v. Javier LOPEZ and Estrella Cabanelas, Appellees.
TEXT: BARKDULL, Judge. Armando Cabanelas opened two savings accounts in the name Armando
Cabanelas...s account are the property of Estrilla Cabanelas, upon remand the trial court is
directed to order the appellant to make restitution of those funds.
51-CITE: 745 So.2d 959 Steven SOTOLOFF, Appellant Cross-Appellee, v. Laura M. SOTOLOFF, Appellee
Cross-Appellant.
TEXT: DELL, J. Appellant contends that the trial court abused its discretion when it included
dist...butions of principal from the trusts in its child support award. REVERSED and REMANDED.
GROSS, J. and OWEN, WILLIAM C., Jr., Senior Judge, concur.
52-CITE: 697 So.2d 501 THE FLORIDA BAR, Complainant, v. Robert HUGHES, Respondent.
TEXT: PER CURIAM. We have for review the complaint of The Florida Bar and the referee s report
reg...f $3,249.75, for which sum let execution issue. It is so ordered. KOGAN, C.J., and OVERTON,
SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
53-CITE: 548 So.2d 1154 Bernard H. KAYDEN, Appellant, v. Lillian P. VERKINS, etc., et al., Appellees.
TEXT: DANIEL, Chief Judge. Bernard Kayden appeals a final judgment which denied his claim to
one-h...the judgment below is reversed and the cause is remanded for entry of judgment for Kayden.
REVERSED and REMANDED. COWART and GOSHORN, JJ., concur.
54-CITE: 620 So.2d 1138 Theodore R. NELSON, Edward Porter, and Edna Gene Davidson, Individually, and as
Personal Representatives of the Estate of Jordan Davidson, Deceased, Appellants, v. Caron BALKANY,
Trustee, Appellee.
TEXT: PER CURIAM. Caron Balkany commenced this fraud action as co-trustee on behalf of holders of
...a. 3d DCA 1991); Mack v. Commercial Indus. Park, Inc., 541 So.2d 800 (Fla. 4th DCA 1989).
Reversed and remanded for further consistent proceedings.
55-CITE: 689 So.2d 255 THE FLORIDA BAR, Complainant, v. AMERICAN SENIOR CITIZENS ALLIANCE, INC., et
al., Respondents.
TEXT: PER CURIAM. We have for review the complaint of The Florida Bar and the referee s report
reg...unlicensed practice of law as specified in the referee s report. It is so ordered. OVERTON,
SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
56-CITE: 632 So.2d 1123 Zenobia REVOREDO, as Personal Representative of the Estate of Gilberto E.
Revoredo, deceased, etc., Appellant, v. SOUTH PACIFIC PROFESSIONAL INSURANCE, INC., a Florida
corporation, Appellee.
TEXT: PER CURIAM. Zenobia Revoredo, as Personal Representative of the Estate of Gilberto E.
Revore...ontract--wrongful denial of coverage and failure to defend and the count against South
Pacific was for Failure to procure proper insurance coverage.
57-CITE: 732 So.2d 48 Maureen STRAUB, Appellant, v. NATIONSBANK and Robert S. Allen, as co-trustees,
Appellees.
TEXT: KLEIN, J. Appellant is the beneficiary of a testamentary trust which is being administered
b...at argument because we conclude that dismissal should have been ordered under section 737.203.
We therefore affirm. GROSS and HAZOURI, JJ., concur.
58-CITE: 675 So.2d 264 In re the ESTATE OF Bobby Ray LAWHORN, Deceased. Lester Alexander, Appellant, v.
Irene LAWHORN, Appellee.
TEXT: PER CURIAM. Affirmed. See In re Estate of Schatz, 613 So.2d 591 (Fla. 4th DCA 1993); In re
E.... 1 (Fla. 3d DCA 1976). See also Fla.R.App.P. 9.110(b); Fla.Prob.R. 5.100. STONE and SHAHOOD,
JJ., and RAMIREZ, JUAN, Jr., Associate Judge, concur.
59-CITE: 538 So.2d 922 Robert COHEN, Appellant, v. Gerald SCHWARTZ and Stephen Hochhauser, Appellees.
TEXT: PER CURIAM. We affirm the order denying the motion of a residuary legatee in the estate of
I...ous litigation caused the estate, Sections 733.106(1) & 733.106(4), Fla.Stat. (1985); Dayton v.
Conger, 448 So.2d 609 (Fla. 3d DCA 1984). AFFIRMED.
60-CITE: 502 So.2d 65 In re the ESTATE OF John P. BRONK, Deceased. ST. PAUL FIRE AND MARINE INSURANCE
COMPANY, Appellant, v. Daniel A. BRONK, as Personal Representative of the Estate of John P. Bronk,
Deceased, Appellee.
TEXT: PER CURIAM. A judgment for attorneys fees and costs awarded to a successful defendant in a
m...only against the assets of the estate. Johnson v. Schneegold, 419 So.2d 684 (Fla. 2d DCA 1982).
AFFIRMED. SMITH, JOANOS and BARFIELD, JJ., concur.
61-CITE: 744 So.2d 1057 Justin David TEGROTENHUIS, Appellant, v. Lynn Ann RICE, as trustee of a
testamentary trust of Marjorie Eleanor TeGrotenhuis, Neil Alcott TeGrotenhuis, as trustee of a
testamentary trust of Marjorie Eleanor TeGrotenhuis, and David Tegrotenhuis, Appellees.
TEXT: GUNTHER, J. The appellant, Justin David TeGrotenhuis, appeals the trial court s order
dismis...ested. Accordingly, we affirm the trial court s dismissal of the third amended complaint
with prejudice. AFFIRMED. GROSS and HAZOURI, JJ., concur.
62-CITE: 486 So.2d 32 Peter M. MacNAMARA, as Administrator Ad Litem of the Estate of Anna M. Williams,
deceased, Appellant, v. Richard TOUBY, as Attorney for the Personal Representative of the Estate of
Anna M. Williams, deceased, and Edward P. Swan, as Personal Representative of the Estate of Anna M.
Williams, deceased, Appellees.
TEXT: PER CURIAM. A claim for guardianship fees not filed until six years after the guardianship
t...h of the decedent be presented within three years where no notice of administration is
published. The order awarding guardianship fees is REVERSED.
63-CITE: 435 So.2d 408 Mildred W. CAMPBELL, Appellant, v. Richard O. PRICE and L. Jean Steele, as
Co-Personal Representatives of the Estate of Raymond A. Price and the Estate of Mabel F. Price,
Appellees.
TEXT: PER CURIAM. Affirmed on the authority of Allen v. Estate of Dutton, 384 So.2d 171 (Fla. 5th
... of Dutton, 384 So.2d 171 (Fla. 5th DCA) petition for review denied, 392 So.2d 1373 (Fla.1980).
ANSTEAD, C.J., and BERANEK and HURLEY, JJ., concur.
64-CITE: 684 So.2d 210 Charles N. KEYE, Appellant, v. Gary B. GAUTIER, Appellee.
TEXT: PER CURIAM. Charles N. Keye ( Keye ), the trustee of the Gautier Family Trust ( trust ),
app...d Trustees, Section 453(J) (2d ed.1993). Affirmed. ------------ (FN1) Fogg, the other
beneficiary, did not join Gautier in the action against Keye.
65-CITE: 591 So.2d 1026 Eileen M. BRAKE and Dennis L. Murphy, Jr., Appellants, v. Eve E. MURPHY,
Richard Murphy, and Herbert Stettin, as Successor Personal Representative of the Estate of Eileen
Ellis Murphy, Appellees.
TEXT: PER CURIAM. We conclude that no error has been demonstrated in the order under review save
f...tions to appoint Dennis Murphy, Jr., as the successor personal representative of the above
estate. Affirmed in part; reversed in part and remanded.
66-CITE: 687 So.2d 903 Eugene MARTIN and Larry Martin, Appellants, v. Jean MARTIN, Appellee.
TEXT: KLEIN, Judge. Appellants are the sons of the decedent and appellee was the decedent s
second... barred from litigating their tortious interference case in so far as it precludes them
from challenging the trusts. FARMER and GROSS, JJ., concur.
67-CITE: 518 So.2d 925 Lou BACON, as Personal Representative of the Estate of Gertrude Bacon, deceased,
Appellant, v. Jon MARDEN and Jay Marden, individually, and as trustees, and Bertha Claire Lee, as
purported trustee, Appellees.
TEXT: PER CURIAM. We affirm the trial court s order dismissing count one of Lou Bacon s complaint
...of the complaint, it was also properly dismissed. *927 Accordingly, we affirm the trial court s
orders dismissing both counts of Bacon s complaint.
68-CITE: 489 So.2d 868 Esther SEGAL, Bernard Mazie, Fred Mazie, Miriam Beckman, Norman Mazie, and
Bennett Mazie, Appellants, v. I. Stanley LEVINE, as Trustee under the Last Will and Testament of
Sidney Lefkowitz, Deceased, and David D. Phillips, Appellees.
TEXT: PER CURIAM. Appellants, nieces and nephews of the decedent s wife, appeal the trial court s
...s helped to effectuate the intent of the decedent, and, therefore, attorney s fees should have
been awarded to them as well. Reversed and remanded.
69-CITE: 546 So.2d 1165 JEWISH NATIONAL FUND, COUNCIL OF ISRAEL, HADASSAH-MIAMI BEACH CHAPTER and
Arthritis Foundation, Appellants, v. Joseph REINMAN, Appellee.
TEXT: PER CURIAM. This is an appeal from a final summary judgment which determined that a bequest
... In re Lesher s Estate, 365 So.2d 815, 818-19 (Fla 1st DCA 1979); see also In re Hopkin s Estate,
349 So.2d 663, 664 (Fla. 4th DCA 1977). Affirmed.
70-CITE: 626 So.2d 325 Eileen M. BRAKE and Dennis L. Murphy, Jr., Appellants, v. Eve E. MURPHY, Richard
Murphy, et al., Appellees.
TEXT: PER CURIAM. This is the fifth motion to enforce our mandate in Brake v. Murphy, 591 So.2d
10...phy, Jr. as the successor personal representative of the subject estate and to appoint another
successor personal representative. It is so ordered.
71-CITE: 615 So.2d 661 Sharon ZUCKERMAN, Petitioner, v. Jack ALTER, Respondent.
TEXT: McDONALD, Justice. We have for review Alter v. Zuckerman, 585 So.2d 303, 311 (Fla. 3d DCA
19...tended that one-party trusts created in Florida be executed with the formality of a will. I
respectfully dissent. OVERTON and HARDING, JJ., concur.
72-CITE: 605 So.2d 461 THE FLORIDA BAR, Complainant, v. Barbara L. WOLF, Respondent.
TEXT: PER CURIAM. We have for review a referee s report on complaint of The Florida Bar. We have
*... L. Wolf, for which sum let execution issue. It is so ordered. BARKETT, C.J., and OVERTON,
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
73-CITE: 479 So.2d 150 In re the ESTATE OF Frederic TESHER, deceased.
TEXT: PER CURIAM. We reverse that portion of the final judgment which denied the Estate a set-off
...stipulated at trial to the set-off of this amount. In all other respects, the final judgment is
affirmed. ANSTEAD, HURLEY and BARKETT, JJ., concur.
74-CITE: 613 So.2d 426 THE FLORIDA BAR RE ADVISORY OPINION--NONLAWYER PREPARATION OF LIVING TRUSTS
TEXT: PER CURIAM. Pursuant to rule 10-7.1(b) of the Rules Regulating The Florida Bar, Ira C.
Hatch...ts or to the practice of public accountancy. It is so ordered. BARKETT, C.J., and OVERTON,
McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
75-CITE: 648 So.2d 204 Nancy FRIEDBERG and Lori Friedberg, Appellants, v. SUNBANK MIAMI, N.A., et al.,
Appellees.
TEXT: GREEN, Judge. Nancy and Lori Friedberg appeal from a final order of the trial court which
de..., working on the premise that the current statutes can lead to unfair results and attempting to
develop a new statute to present to the legislature.
76-CITE: 557 So.2d 957 In re ESTATE OF Ruby Louise BOYD, Deceased.
TEXT: PER CURIAM. Judy A. Cuiffo appeals a final order of the circuit court, sitting in probate,
d...at said counterpetition may be reinstated, and further proceedings conducted thereon. REVERSED
AND REMANDED. STONE, WARNER and POLEN, JJ., concur.
77-CITE: 436 So.2d 1096 Margaret J. SAMUELS, Appellant, v. ESTATE OF Lucia S. AHERN, Appellee.
TEXT: DOWNEY, Judge. Appellant, Margaret J. Samuels, seeks reversal of an order of the circuit
cou...tamentary intention of Mrs. Ahern and there should be compensation awarded from the Estate on
account of such services. I would reverse and remand.
78-CITE: 448 So.2d 609 Dorothy Helen DAYTON, M.D., Mary Johnson, Anne Cooper, Laurie Cauthen, Marcie
Lynn Conger and George Drew Conger, Appellants, v. Thomas A. CONGER, Appellee.
TEXT: NESBITT, Judge. Various beneficiaries of decedent s estate appeal an order awarding a
truste...ficiaries shares of the estate, and imposing personal liability on the beneficiaries for
costs are affirmed. Reversed in part and affirmed in part.
79-CITE: 570 So.2d 1061 Robin C. BUERKI, III, Appellant, v. Frances E. LOCHNER, Appellee.
TEXT: PARKER, Acting Chief Judge. Robin Buerki, III, appeals the trial court s dismissal of his
cr... part; reversed and remanded for the trial court to reinstate Robin s complaint for
intervention in Case II. PATTERSON and ALTENBERND, JJ., concur.
80-CITE: 585 So.2d 1201 ESTATE OF Wren McKINNEY, Deceased, Appellant, v. Donna M. SOFKA, Appellee.
TEXT: PER CURIAM. We affirm the order permitting the reopening of this estate in order that a
clai...s case which allegedly arose December 28, 1988, applies to unadministered estates. Affirmed.
SCHEB, A.C.J., and LEHAN and ALTENBERND, JJ., cocnur.
81-CITE: 679 So.2d 63 In re the ESTATE OF Malvina LEFKOWITZ, Deceased, Appellant, v. OLSTEN KIMBERLY
QUALITYCARE, Appellee.
TEXT: ON MOTION TO DISMISS KLEIN, Judge. The trial court granted a creditor s motion to extend
th...party, to be appealable. The estate can appeal when it is required to pay the claim. We
therefore dismiss the appeal. DELL and WARNER, JJ., concur.
82-CITE: 440 So.2d 1289 Vasilios SACHLAS, Appellant, v. Flora SACHLAS, Appellee.
TEXT: GLICKSTEIN, Judge. This is an appeal from a non-final order, abating the action filed in
the...esolution of a dispute involving that subject matter. Accordingly, we grant certiorari.
HERSEY, J., concurs. LETTS, J., dissents without opinion.
83-CITE: 727 So.2d 1103 Rose BRAVO, Appellant, v. Matilda SAUTER, as Successor Trustee of the Vincent
J. Bravo Revocable Trust Agreement (as amended), and as Personal Representative of the Estate of
Vincent J. Bravo, Deceased, Appellee.
TEXT: ON MOTION FOR REHEARING WARNER, J. We withdraw our previously issued opinion and
substitute...ings. DELL and SHAHOOD, JJ., concur. DELL, J., did not participate in oral argument,
but has had the opportunity to review the entire proceedings.
84-CITE: 664 So.2d 1 Joel W. ROBBINS, as Property Appraiser of Dade County, Florida, Appellant, v. R.
Earl WELBAUM and Joan M. Welbaum, Trs., and Lawrence H. Fuchs, as Executive Director of the State of
Florida Department of Revenue, Appellees.
TEXT: GERSTEN, Judge. Appellant Joel W. Robbins, Dade County Property Appraiser, ( Property
Apprai...we hold that in circumstances such as these, individuals placing their permanent residence
in a QPRT are entitled to homestead exemption. Affirmed.
85-CITE: 451 So.2d 872 In re ESTATE OF Alfred G. KEERL, Deceased.
TEXT: PER CURIAM. Affirmed. The trial court did not abuse its discretion in granting the personal
...d 199, 201 (Fla.1969); see also In re Estate of Oxford, 372 So.2d 1129, 1132 (Fla. 2d DCA 1979).
GRIMES, A.C.J., and RYDER and DANAHY, JJ., concur.
86-CITE: 436 So.2d 166 Wayne H. HUNTER, Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION, FLORIDA
REAL ESTATE COMMISSION, Appellee.
TEXT: PER CURIAM. Affirmed. See Florida Real Estate Commission v. Webb, 367 So.2d 201 (Fla.1978),
...e Commission v. Webb, 367 So.2d 201 (Fla.1978), and section 120.68(10), Florida Statutes (1981).
HOBSON, A.C.J., and DANAHY and LEHAN, JJ., concur.
87-CITE: 481 So.2d 69 In re The ESTATE OF Rosa Lee PEARCE, Deceased.
TEXT: DOWNEY, Judge. This is an appeal from an Order Granting Leave to File Amended Inventory,
det...ate, 177 So.2d 256 (Fla. 2d DCA 1965). Accordingly, the Order Granting Leave to File Amended
Inventory is affirmed. LETTS and WALDEN, JJ., concur.
88-CITE: 504 So.2d 471 Sonja D ERCOLE, as Personal Representative of the Estate of Renato J. D Ercole,
Appellant, v. ESTATE OF Mary Jane D ERCOLE a k a Mary J. D Ercole a k a Mary Jane Tamburo and
Fidelity and Deposit Company of Maryland, Appellees.
TEXT: PER CURIAM. Affirmed. Section 733.702, Fla.Stat. (Supp.1984); see Velzy v. Estate of
Miller,...N, JJ. *472 TEXT: PER CURIAM. Affirmed. Section 733.702, Fla.Stat. (Supp.1984); see
Velzy v. Estate of Miller, 502 So.2d 1297 (Fla. 2d DCA 1987).
89-CITE: 469 So.2d 874 Thelma Jean Ulery KUNCE and Ruth F. Ulery Whitaker, Appellants, v. Duane H.
ROBINSON, as Trustee, Appellee.
TEXT: SCHWARTZ, Chief Judge. On June 24, 1980, Ruth Freda Ulery executed an instrument creating
an... trust. We adopt the severability determination, however, simply because we are convinced that
it represents the sounder resolution of the question.
90-CITE: 731 So.2d 47 ESTATE OF Barbara K. HECKERT, Richard D. Heckert, Executor, Appellant, v. The
STATE of Florida, DEPARTMENT OF REVENUE, Appellee.
TEXT: PER CURIAM. The Estate of Barbara K. Heckert (estate), appeals from the trial court s order
... the State of Florida and remand with instructions to enter final summary judgment in favor of
the estate. Reversed and remanded with instructions.
91-CITE: 516 So.2d 26 In re ESTATE OF Kathryn RAYHILL. Lawrence E. MAXWELL, as Personal Representative
of the Estate of Kathryn B. Rayhill, Deceased, Appellant, v. Burnett ROTH, Appellee.
TEXT: PER CURIAM. This appeal is from a trial court order awarding to Burnett Roth the sum of
$80,...is reversed with directions that upon remand the amount of the fee fixed in the order be
reduced to $33,300. Reversed and remanded with directions.
92-CITE: 682 So.2d 196 Marvin J. HERSKOWITZ, etc., Appellant, v. Susan CHARNEY, et al., Appellees.
TEXT: PER CURIAM. Over a period of years, both the Probate Division and the General Jurisdiction
D...nuing to retain the frozen funds in custodia legis. Reversed and remanded with directions to
release the funds to the Estate of Bernard Herskowitz.
93-CITE: 466 So.2d 271 Gerald A. KEARNEY, Appellant, v. UNIBAY COMPANY, INC. and Glendale Federal
Savings and Loan Association, Appellees.
TEXT: DELL, Judge. Gerald A. Kearney appeals from a final judgment of garnishment. The
garnishment...e time of these garnishment proceedings, she had not received even a third of it. I
hope she will be independently advised to every possible remedy.
94-CITE: 442 So.2d 1038 Jack L. TERNER, Appellant, v. Freda RAND, as Personal Representative for the
Estate of Ruth C. Terner, deceased, Appellee.
TEXT: PER CURIAM. This is an appeal from a final order assessing attorney s fees and costs
against... 733.106(4), Florida Statutes (1981). See In re Estate of Gerhart v. Belcher, 220 So.2d
655, 657 (Fla. 3d DCA 1969), and cases collected. Affirmed.
95-CITE: 436 So.2d 1069 Dorothy STONE as Personal Representative of the Estate of Emma C. Ely,
deceased, Appellant, v. VALLEY FORGE INSURANCE COMPANY, a foreign corporation, and David W. Miner,
as Personal Representative of the Estate of Arthur F. Ely, Appellees.
TEXT: DANAHY, Judge. The issue in this case is whether the estate of a deceased wife is barred
fro...state of a deceased husband. REVERSED and REMANDED for further proceedings consistent with
this opinion. BOARDMAN, A.C.J., and GRIMES, J., concur.
96-CITE: 585 So.2d 434 Claudet BENTON, as Personal Representative of the Estate of George Aranyi,
Appellant, v. The TRAVELERS INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. REVERSED. We agree with appellant that the trial court erred in striking the
ple...state. Cf. De Trujillo v. Dominquez, 532 So.2d 1101 (Fla. 3d DCA 1988). *435 ANSTEAD and
DELL, JJ., concur. GUNTHER, J., dissents without opinion.
97-CITE: 623 So.2d 798 Martha Jo Thompkins PERDEW, etc., Appellant, v. Cynthia Augustine TOWNLEY, etc.,
et al., Appellees.
TEXT: PER CURIAM. We affirm the declaratory judgment determining that a quitclaim deed given by
Ru...hompkins Perdew to the estate of Ruth McCaskill commencing from the date of the latter s death.
Affirmed in part and reversed in part and remanded.
98-CITE: 647 So.2d 902 In re ESTATE OF Madge S. ROTHSCHILD, Deceased. Michael J. KIAS, Appellant, v.
Jim JOHNSON, Chuck Johnson, Bob Johnson and Lorri Johnson, Appellee.
TEXT: KLEIN, Judge. Appellant, Michael J. Kias, appeals a surcharge judgment entered against him
a...to do in any event, take additional evidence. Nielsen v. Paneil, Inc., 227 So.2d 883 (Fla. 4th
DCA 1969). Reversed. HERSEY and STONE, JJ., concur.
99-CITE: 503 So.2d 913 FLAGSHIP BANK OF ORLANDO, Appellant, v. REINMAN, HARRELL, SILBERHORN, MOULE &
GRAHAM, P.A., et al, Appellees.
TEXT: COWART, Judge. This case involves (1) a trustee s duty to protect from loss by tax sale
real...rket value of the property at the time of trial was therefore proper and we affirm.
AFFIRMED. COBB, J., and DANIEL, C.W., Associate Judge, concur.
100-CITE: 436 So.2d 190 Annette CURRAN, Appellant, v. Mary E. CRONIN, as Personal Representative of the
Estate of Anthony J. Cronin, deceased, Appellee.
TEXT: PER CURIAM. We affirm upon the authority of Poe v. Estate of Levy, 411 So.2d 253, 256 (Fla.
...re cohabiting together in a marital type relationship. See Matter of Estate of Steffes, 95 Wis.2d
490, 290 N.W.2d 697 (1979) cited favorably in Poe.
101-CITE: 522 So.2d 1074 Jim ABELSON a k a J. James Abelson, as Personal Representative of the Estate of
Margaret M. Shea, Appellant, v. Palmer S. McGEE, Jr., Trustee, Appellee.
TEXT: WALDEN, Judge. In separate actions two real estate mortgages were foreclosed against the
Est...t the Estate was entitled to assert its positions and have an adjudication as to them. Both
judgments are REVERSED. DOWNEY and LETTS, JJ., concur.
102-CITE: 547 So.2d 199 Lillian SERPA, Appellant, v. NORTH RIDGE BANK, Appellee.
TEXT: HERSEY, Chief Judge. The issue we are asked to review is whether a will revoked a Totten
tru...ent indication of the testator s intention to revoke a Totten trust. We therefore reverse.
REVERSED AND REMANDED. DOWNEY and ANSTEAD, JJ., concur.
103-CITE: 672 So.2d 903 Louis HUSS, as Personal Representative of the Estate of Edgar O. Martinez, and
The Hertz Corporation, a k a Hertz Rent-A-Car, Appellants, v. Carlos SANABRIA, individually and as
Personal Representative of the Estate of Anazahel Sanabria, Appellee.
TEXT: PER CURIAM. This is an appeal of a trial court order granting plaintiff s motion for a new
t...y and appropriate to comply therewith. In all other *904 respects, the judgment of the trial
court is affirmed. Reversed in part, affirmed in part.
104-CITE: 653 So.2d 474 Jacob Der HAGOPIAN, Jr., Appellant, v. In re Guardianship of Marie ZIMMER, Lois
M. Rosenzweig, Guardian of the Person and Property of Marie Zimmer, and George Elias, Jr., Attorney
Ad Litem for Marie Zimmer, Appellees.
TEXT: GREEN, Judge. This is an appeal from orders of the probate court which authorized
liquidatio...isposition of this issue makes it unnecessary to consider the other issues raised by
the guardian and the attorney ad litem. Reversed and remanded.
105-CITE: 740 So.2d 1229 The ESTATE OF Anthony BOMBOLIS, The Estate of Luella Edith Delwiche, The Estate
of Catherine M. Dinan, The Estate of Harold Stewart, The Estate of Jackie Wood Gaffney, The Estate
of Genevieve Morris, The Estate of A. Victor Bruno, Carole Ann Upham, Viorica Dobrilla, Richard
Peneno, William Peneno, Conrad Nolette and William Carey, Appellants, v. CONTINENTAL CASUALTY
COMPANY, INC., a Florida Corporation, Joseph Oldani, II, P.A., a professional association and Joseph
Oldani, II, Appellees.
TEXT: KLEIN, J. Appellants were the plaintiffs in a legal malpractice claim brought against a
lawy...ntly concede, it follows that there is no coverage for the P.A. either. Affirmed. TAYLOR,
J., and WHITE, ALICE BLACKWELL, Associate Judge, concur.
106-CITE: 621 So.2d 549 Frederick T. BEVANS, Jr. and William B. Machon, Appellants, v. Maria I. YERO, as
Curator of the Estate of Sarah R. Coffey, deceased, Appellee.
TEXT: PER CURIAM. Affirmed. See Fla.R.Civ.P. 1.540(b); Val Bostwick v. Estate of Cowan, 326 So.2d
...SKIN and GODERICH, JJ. TEXT: PER CURIAM. Affirmed. See Fla.R.Civ.P. 1.540(b); Val Bostwick v.
Estate of Cowan, 326 So.2d 454 (Fla. 1st DCA 1976).
107-CITE: 580 So.2d 828 Morris ENGELBERG, Petitioner, v. Mildred BIRNBAUM, Respondent.
TEXT: PER CURIAM. The personal representative under an earlier will has filed a petition for writ
...ce: DOES THE PERSONAL REPRESENTATIVE NAMED IN AN EARLIER WILL HAVE STANDING TO CONTEST A LATER
WILL? ANSTEAD, GLICKSTEIN and WARNER, JJ., concur.
108-CITE: 498 So.2d 1303 Dora Moesevina GOLDENTRESTER and Arcadia Shapiro E., Appellants, v. Melvin J.
RICHARD and Elizabeth Hershfield, as Personal Representatives and as Trustees of the Estate of
Raymond Goldin, deceased, Appellees.
TEXT: FERGUSON, Judge. Appellants, primary beneficiaries under a will, bring this appeal from an
o...for its continuation. White v. Bourne, 151 Fla. 12, 9 So.2d 170 (1942). Reversed and remanded
for further proceedings consistent with this opinion.
109-CITE: 534 So.2d 771 Luisa Devers ABREU, Appellant, v. Prospero AMARO and Josefa Amaro, his wife,
Appellees.
TEXT: PER CURIAM. This appeal is brought from a final judgment denying a claim for the imposition
... there is competent and substantial evidence to support those findings. Laufer v. Norma Fashions,
Inc., 418 So.2d 437 (Fla. 3d DCA 1982). Affirmed.
110-CITE: 564 So.2d 1106 Ann B. TARBOX, as Personal Representative of the Estate of Helen D. Palmer,
Deceased, Appellant, v. Anthony Hale PALMER, Pamela Palmer Everets, Geoffrey Holkins Palmer, Joseph
Beveridge Palmer and Patsy Palmer Stecher, residuary beneficiaries, and Linda Chambliss, successor
personal representative, Appellees.
TEXT: HERSEY, Chief Judge. The will of Joseph Palmer established trusts of virtually all of the
as...pecially. WARNER, Judge, concurs specially. I would deny rehearing but I would grant the
request to certify the question presented in this appeal.
111-CITE: 717 So.2d 628 Peggy McCORMICK, as Personal Representative, Appellant, v. ESTATE OF Betty Jean
SMITH, Appellee.
TEXT: GRIFFIN, Chief Judge. This is the appeal of an order determining that the decedent s
husband... personal representative and the claimant will have to start over. AFFIRMED in part;
REVERSED in part; and REMANDED. COBB and ANTOON, JJ., concur.
112-CITE: 624 So.2d 741 Carmel Lee LABELLE, Appellant Cross-Appellee, v. Rupert C. LABELLE, Appellee
Cross-Appellant.
TEXT: COBB, Judge. The core issue of this appeal is the propriety of an exwife s intervention, as
... purported self-execution in respect to the conveyance of legal title to real property situated
in Massachusetts has not been raised by this appeal.
113-CITE: 452 So.2d 659 William J. GOLDWORN and Hall and Hauser, P.A, Appellants, v. The ESTATE OF
Frederick B. DAY, Appellee.
TEXT: SCOTT, ROBERT C., Associate Judge. Appellant, a co-personal representative of decedent s
est...1). Appellant s claim for attorney s fees based upon section 57.105, Florida Statutes
(Supp.1978) is without merit. The judgment below is affirmed.
114-CITE: 626 So.2d 1113 Robert DIVELLA, as Personal Representative of the Estate of Jennie Divella,
Appellant Cross-Appellee, v. Roger DIVELLA and Diana Hoffman, Appellees Cross-Appellants.
TEXT: PER CURIAM. The appellees, Roger Divella and Diana Hoffman, failed to overcome the
presumpti...roceeds of the AmeriFirst account. Accordingly, we affirm in part, reverse in part and
remand for further proceedings consistent with this opinion.
115-CITE: 631 So.2d 315 In re The ESTATE OF Johnny Glenn BARTON. Delores BARTON, as Personal
Representative, Appellant, v. Susan POOLE, Appellee.
TEXT: CAMPBELL, Judge. Appellant, the personal representative of the estate, argues that the
trial...hild support claim is only *317 cognizable against the estate, we need not address appellant
s other issues. RYDER, A.C.J., and DANAHY, J., concur.
116-CITE: 447 So.2d 225 In re ESTATE OF Ethel FERGUSON, Deceased. Mons W. HELLYER and Harlan W. Hellyer,
Appellants, v. Monica A. DEAN, Carl H. Dean and David R. Lowell, as personal representative of the
Estate of Ethel J. Ferguson, Appellees.
TEXT: PER CURIAM. AFFIRMED. See In re: Estate of Carpenter, 253 So.2d 697 (Fla.1971). OTT, C.J.,
... concur. TEXT: PER CURIAM. AFFIRMED. See In re: Estate of Carpenter, 253 So.2d 697 (Fla.1971).
OTT, C.J., and SCHOONOVER and LEHAN, JJ., concur.
117-CITE: 705 So.2d 955 Dean E. CHERESKIN, Michael S. Chereskin, and James W. Chereskin, not
individually but as the Co-Trustees of the Irrevocable Living Trust of Barbara A. Chereskin, and the
Irrevocable Living Trust of James M. Chereskin, Appellants, v. BRANCH BANKING AND TRUST COMPANY, a
North Carolina corporation, Appellee.
TEXT: PER CURIAM. We affirm the order of the trial court determining that the court has
jurisdicti... well as the constitutional minimum contacts requirement, have been satisfied in this
case. AFFIRMED. BOOTH, JOANOS and VAN NORTWICK, JJ., concur.
118-CITE: 473 So.2d 720 Donald L. LLOYD, Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION, Florida
Real Estate Commission, Appellee.
TEXT: PER CURIAM. Lloyd appeals an order from the Florida Real Estate Commission which revoked
his... We have examined Lloyd s other allegations of error and find they are without merit.
REVERSED AND REMANDED. HURLEY, DELL and WALDEN, JJ., concur.
119-CITE: 613 So.2d 591 In re ESTATE of Celia SCHATZ, Deceased, Brenda VERBECK, Cynthia Goldman, and
Alan Shepper, Appellants, v. Susan ALTMAN, as Personal Representative of the Estate, Appellee.
TEXT: LETTS, Judge. We agree with the appellants argument that the trial court incorrectly
determi...it so we conclude that we have no jurisdiction. This cause is dismissed. DISMISSED.
FARMER, J., concurs. ANSTEAD, J., concurs in conclusion only.
120-CITE: 731 So.2d 154 E. George ALBRITTON, Appellant, v. The ESTATE OF Janie Elizabeth ALBRITTON,
Appellee.
TEXT: PER CURIAM. This is an appeal from a final order in a probate proceeding directing the
appel... in payment of estate expenses, the order compelling surrender must be reversed. Reversed.
BARFIELD, C.J., VAN NORTWICK and PADOVANO, JJ., CONCUR.
121-CITE: 601 So.2d 570 In re ESTATE of Bernard L. DANESE, Deceased.
TEXT: KAHN, Judge. The personal representatives of the estate of Bernard L. Danese and the
deceden... We note that the reappointed personal representatives are not required to serve as
personal representatives. See Section 733.502, Fla.Stat. (1989).
122-CITE: 541 So.2d 1264 Theron R. DURDEN, Lorraine T. Durden, and Natureworks, Inc., a Florida
Corporation, Appellants, v. CENTURY 21 COMPASS POINTS, INC., etc., et al., Appellees.
TEXT: COWART, Judge. At the time of his death, Gilliland owned real estate subject to a written
le...Accordingly, the judgment below is reversed and the cause remanded for further proceedings.
REVERSED AND REMANDED. ORFINGER and COBB, JJ., concur.
123-CITE: 512 So.2d 314 RESULTS REAL ESTATE, INC., A Florida Corporation, Appellant, v. LAZY DAYS R.V.
CENTER, INC., A Florida Corporation; Winnebago Industries, Inc., an Iowa Corporation; and Chevrolet
Motor Division, A Division of General Motors Corporation, Appellees.
TEXT: PER CURIAM. In an earlier case involving the parties this court decided that a corporation
w...nd for further proceedings in accordance with this and the earlier opinion. Reversed and
remanded. DANAHY, C.J., and RYDER and FRANK, JJ., concur.
124-CITE: 596 So.2d 678 William C. BISSMEYER and David A. Steves, P.A., a Florida professional
corporation, Appellants, v. SOUTHEAST BANK, N.A., as Personal Representative of the Estate of Jeanne
P. Bissmeyer, deceased, Roger J. Bissmeyer, individually and as guardian of James A. Bissmeyer,
Claire B. Tiberio, and Carol B. Graham, Appellees.
TEXT: ALTENBERND, Judge. William C. Bissmeyer, a beneficiary of the estate of Jeanne P.
Bissmeyer,...province of the circuit court. In re Udell, Accordingly, we decline to consider their
motion. Affirmed. SCHEB, A.C.J., and THREADGILL, J., concur.
125-CITE: 616 So.2d 96 NCNB NATIONAL BANK OF FLORIDA, f k a The Exchange National Bank of Tampa, as
Trustee of the Florence E. Hoard trust, Appellant, v. Richard L. SHANABERGER, as Guardian of the
Property of Mark E. Shanaberger, incapacitated, Appellee.
TEXT: RYDER, Acting Chief Judge. NCNB National Bank of Florida, as Trustee of the Florence E.
Hoar...st was reasonable. For the foregoing reasons, we reverse and remand for further proceedings.
Reversed and remanded. FRANK and PARKER, JJ., concur.
126-CITE: 736 So.2d 1269 Timothy M. SCANLAN, as Co-Personal Representative of the Estate of Dennis, R.
Scanlan, Jr., and Nationsbank, as Co-Personal Representative of the Estate of Dennis R. Scanlan,
Jr., Appellants, v. Nicholas P. SCANLAN, and Dennis R. Scanlan, Appellees.
TEXT: PER CURIAM. We reverse the trial court s order denying appellant s motion to dismiss the
pet... on remand. We also reverse the trial court s order striking the notice of appeal. REVERSED
AND REMANDED. GUNTHER, GROSS and HAZOURI, JJ., concur.
127-CITE: 579 So.2d 291 Milton J. FELDHEIM, Appellant, v. Esther SCOTT, as Guardian of Margaret Lynn, as
interested Party, Appellee.
TEXT: PER CURIAM. This is an appeal from a final order awarding attorneys fees. We reverse and
rem...----- (FN1) The fees which were awarded were for services rendered by New Jersey counsel,
Charles Cohen, and by local counsel, Frederic I. Gottlieb.
128-CITE: 704 So.2d 727 Doris MILLER, Appellant Cross-Appellee, v. John J. BRISTOW, as Personal
Representative of the Estate of John M. Bristow, deceased, Appellee Cross-Appellant.
TEXT: WHATLEY, Judge. Doris Miller appeals the trial court s finding that John J. Bristow, as
pers...ntry of an amended final judgment consistent with this opinion. Affirmed in part; reversed
in part. PATTERSON, A.C.J., and ALTENBERND, J., concur.
129-CITE: 585 So.2d 303 Jack ALTER, individually and as Trustee, Appellant, v. Sharon ZUCKERMAN and
Beverly Kanter, Appellees.
TEXT: COPE, Judge. Jack Alter appeals an adverse summary final judgment. The judgment determined
t...rida, and (2) any such Florida trust is governed by the general requirements of subsection
689.075(1)--which the trusts in the present case satisfy.
130-CITE: 687 So.2d 888 Fred M. CONE, Jr., individually, and in his capacity as Trustee of the Hugh F.
Culverhouse Trust, Petitioner, v. Joy McCann CULVERHOUSE, The Hugh F. Culverhouse Trust, Hugh F.
Culverhouse, Jr., Gay Culverhouse, and The Culverhouse Family Foundation, Inc., Respondents. Stephen
F. STORY and John M. Donlan, individually and in their capacity as Trustees of Hugh F. Culverhouse
Trust, Petitioners, v. Joy McCann CULVERHOUSE, The Hugh F. Culverhouse Trust, Hugh F. Culverhouse,
Jr., Gay Culverhouse, and The Culverhouse Family Foundations, Inc., Respondents. Fred M. CONE, Jr.,
individually, and as a Partner of Cone, Purcell & Flanagan, P.A., and Cone, Purcell & Flanagan,
P.A., Petitioners, v. Joy McCann CULVERHOUSE, Respondent.
TEXT: ALTENBERND, Judge. In this opinion, we consolidate three petitions for writ of certiorari
th... to determine whether the documents contain communications that fit within the common interest
exceptions. DANAHY, A.C.J., and WHATLEY, J., concur.
131-CITE: 537 So.2d 160 Keith M. OLENEK, Appellant, v. Marguerite A. BENNETT, as Personal Representative
of the Estate of Ann M. Koch, deceased, et al., Appellee.
TEXT: DAUKSCH, Judge. This is an appeal from a dismissal under section 733.702, Florida Statutes
(...state. The order of dismissal is reversed and this cause remanded for further proceedings.
REVERSED AND REMANDED. COWART and DANIEL, JJ., concur.
132-CITE: 637 So.2d 51 In re ESTATE OF Hazel Cooper CORBIN. Bill CORBIN, Sr., and Daulton Cooper,
Appellants, v. Betty Guy SHERMAN, Individually and as Personal Representative of the Estate of Hazel
Cooper Corbin, and James W. Cooper a k a Jimmy Cooper, Appellees.
TEXT: ALLEN, Judge. The appellants challenge an order of the trial court permitting the personal
r...e sale was either necessary or in the best interest of the estate. Accordingly, the order under
review is reversed. BOOTH and WEBSTER, JJ., concur.
133-CITE: 708 So.2d 695 Asa Dwight BOSTIC, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. The appellant died during the pendency of his appeal challenging various
convict...d. See State v. Clements, 668 So.2d 980 (Fla.1996). We accordingly dismiss the appeal as
moot. BARFIELD, C.J., and ALLEN and WEBSTER, JJ., concur.
134-CITE: 528 So.2d 556 Leonard ROBINSON and Merris Robinson, Appellants, v. FLORIDA REAL ESTATE
COMMISSION, Appellee.
TEXT: PER CURIAM. We affirm. The Florida Real Estate Commission correctly denied appellants *557
c... the Commission correctly denied appellants request for recovery under section 475.482(1).
AFFIRMED. ANSTEAD, GLICKSTEIN and GUNTHER, JJ., concur.
135-CITE: 485 So.2d 859 Alphonse DELLA-DONNA, as personal representative of the Estate of Leo Goodwin,
Sr., Appellant, v. DEPARTMENT OF REVENUE, of the State of Florida, and Gerald A. Lewis, as
Comptroller of the State of Florida, Appellees.
TEXT: NIMMONS, Judge. Appellant, the personal representative of the Estate of Leo Goodwin, Sr.,
ap...n estate tax in an amount equal to the maximum credit allowed under the Federal Revenue Act
less the amount of estate taxes paid to any other state.
136-CITE: 528 So.2d 422 In re ESTATE OF David A. KATZ, Deceased. Leticia KENT and Mignon Madden,
Appellants, v. Stanley M. KATZ, as Personal Representative and as Trustee under Declaration of Trust
dated November 19, 1979, as Amended, Appellee.
TEXT: GLICKSTEIN, Judge. Lineal descendants of decedent David A. Katz--his two daughters-- appeal
...verturn the recommended result for a different reason. Appellant s third point is rendered moot
by our decision. ANSTEAD and GUNTHER, JJ., concur.
137-CITE: 626 So.2d 1096 In re ESTATE OF Arthur H. BOVEE, Deceased. Cindy TELLIA and Lisa Tellia,
Appellants, v. Joseph BOVEE, Personal Representative of the Estate of Arthur H. Bovee, Appellee.
TEXT: PER CURIAM. Cindy and Lisa Tellia appeal an order construing the residuary clause in the
wil...J.S. Wills Section 1226 (1957). REVERSED and REMANDED for further proceedings consistent with
this opinion. SMITH, KAHN and LAWRENCE, JJ., concur.
138-CITE: 469 So.2d 957 In re ESTATE OF Mildred D. POTTER, Deceased.
TEXT: WALDEN, Judge. Mildred D. Potter died testate. Her will provided: In the event my husband,
...6 (Fla. 3d DCA 1967), we reverse the judgment on appeal and remand for further proceedings.
Reversed and Remanded. DOWNEY and HERSEY, JJ., concur.
139-CITE: 536 So.2d 400 Mary Lois STRICKLEN, Appellant, v. Doris Ann DELLING, as Personal Representative
of the Estate of Albert F. Stricklen, Sr., Appellee.
TEXT: PER CURIAM. AFFIRMED. In re Estate of Butler, 444 So.2d 477 (Fla. 2d DCA 1984). WENTWORTH,
...., CONCUR. TEXT: PER CURIAM. AFFIRMED. In re Estate of Butler, 444 So.2d 477 (Fla. 2d DCA
1984). WENTWORTH, THOMPSON and WIGGINTON, JJ., concur.
140-CITE: 581 So.2d 1387 In re ESTATE OF Sidney I. FIELDS, Appellant, v. Sandra R. FIELDS, Appellee.
TEXT: BASKIN, Judge. Ronnie Fields, as personal representative of the Estate of Sidney I. Fields,
... entirety did not exist, the bonds passed to the wife, along with the contents of the safe
deposit box, as a gift inter vivos. Winterton. Reversed.
141-CITE: 710 So.2d 674 Kenneth D. PRESCOTT, Appellant, v. Edward F. STANLEY, etc., Appellee.
TEXT: HARRIS, Judge. Prescott sued his brother s estate claiming that funds belonging to him had
b... Fla.R.Civ.P. 1.190(a); Erace v. Erace 693 So.2d 68 (Fla. 3d DCA 1997); Davis v. Orlando
Regional Medical Center, 654 So.2d 664 (Fla. 5th DCA 1995).
142-CITE: 508 So.2d 739 T. Carlton RICHARDSON, Appellant, v. Roosevelt JONES, Sr., as personal
representative of the Estate of Luela King, deceased, Appellee.
TEXT: SCHEB, Judge. Attorney T. Carlton Richardson challenges the trial court s order directing
hi.... v. Giuliano, 166 So.2d 443 (Fla.1964). Affirmed in part, reversed in part, and remanded with
directions. DANAHY, C.J., and CAMPBELL, J., concur.
143-CITE: 504 So.2d 813 Marlin B. ARKY, Executor, Personal Representative of the Estate of Stephen W.
Arky, deceased, Appellant, v. Connie J. HARRIS, Superintendent, Division of Savings & Loan
Associations, State of Ohio, Appellee.
TEXT: PER CURIAM. We find no abuse of discretion by a circuit judge, who is presiding in an
estate..., Florida Statutes (Supp.1984) providing for the independent notice. See in this connection
Ricciardelli v. Faske, 505 So.2d 487 (Fla. 3d DCA 1987).
144-CITE: 668 So.2d 659 In re the GUARDIANSHIP OF Ruth SHERRY. Harold SHERRY, Appellant, v. Mitchell
KLEVANSKY, as Plenary Guardian, Appellee.
TEXT: STONE, Judge. We reverse a final order that permitted Appellee, a plenary guardian, to
chang...l. Therefore, the order is reversed. Upon remand, the guardian s petition shall be
dismissed. DELL, J., and KAHN, MARTIN, Associate Judge, concur.
145-CITE: 493 So.2d 69 Hattie Pearl DUKES, et al., Appellant, v. ESTATE OF Jessie Earl WILLIAMS,
Appellee.
TEXT: PER CURIAM. This is an appeal from the circuit court order denying appellant s Amended
Peti...relief sought. Affirmed without prejudice to file an amended pleading. JOANOS and ZEHMER,
JJ., and CHARLES E. MINER, Jr., Associate Judge, concur.
146-CITE: 717 So.2d 127 Amy PELL and R. Stanton Gummere, Appellants, v. ESTATE OF Charlotte A. GUMMERE
and Helen L. Barker, Appellees.
TEXT: PER CURIAM. AFFIRMED. See In re Estate of Wartels, 357 So.2d 708 (Fla.1978). STONE, C.J.,
T...ER CURIAM. AFFIRMED. See In re Estate of Wartels, 357 So.2d 708 (Fla.1978). STONE, C.J.,
TAYLOR, J. and GLICKSTEIN, HUGH S., Senior Judge, concur.
147-CITE: 550 So.2d 37 In re ESTATE OF Ralph DONOVAN, Deceased. Helen DONOVAN, as personal
representative and individually, Appellant, v. Margo M. HENDRICKSON, Appellee.
TEXT: SCHEB, Acting Chief Judge. Helen Donovan, individually and as personal representative of
her... vesting an interest in the homestead in Margo Hendrickson, and remand for proceedings
consistent with this opinion. DANAHY and FRANK, JJ., concur.
148-CITE: 478 So.2d 528 William KRAMER, as Personal Representative of the Estate of James J. Kramer,
Appellant, v. Helen SULLINS, C.E. Sullins and Christine Sullins, Appellees. William KRAMER, as
Personal Representative of the Estate of James J. Kramer, Appellant, v. BARNETT BANK OF SOUTH
FLORIDA, N.A., Appellee.
TEXT: PER CURIAM. We reverse the award of attorney s fees entered in favor of Barnett Bank of
Sout...2d 203 (Fla. 4th DCA 1984). We affirm in all other respects. Affirmed in part; reversed in
part. HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.
149-CITE: 681 So.2d 835 Warren NICHOLS, Appellant, v. Mary BROWN, as Personal Representative of the
Estate of Steven Ray Brown, Deceased, et al., Appellee.
TEXT: BOOTH, Judge. This cause is before us on appeal from an order of the trial court granting
fi...al representative of the estate of Helen Nichols, was also a plaintiff in the suit. Helen
Nichols, Warren s sister, was killed in the same accident.
150-CITE: 510 So.2d 999 Robert RAINIER, as Personal Representative of the Estate of Marie S. Houston,
deceased, Appellant, v. Mike CALHOUN, Appellee.
TEXT: PER CURIAM. This is an appeal by the personal representative of an estate from two orders
wh...r s claim and (2) the personal representative s motion to strike the estate creditor s petition
to enforce his claim, are in all respects Affirmed.
151-CITE: 639 So.2d 204 Winona S. HUCKABAY, as Personal Representative of the Estate of James L.
Huckabay, Appellant, v. Charles D. WALLER, Appellee.
TEXT: FRANK, Chief Judge. Winona Huckabay, the personal representative of the estate of James L.
H...n the record that he has been paid $25,000. *205 Remanded for further proceedings consistent
with this opinion. PATTERSON and QUINCE, JJ., concur.
152-CITE: 495 So.2d 881 William T. MONTGOMERY, as Personal Representative of the Estate of Kenneth W.
Montgomery, deceased, Appellant, v. Barbara CRIBB and Joseph A. Perez, as Co-Personal
Representatives of the Estate of Vivian S. Perez, deceased, Appellee.
TEXT: PER CURIAM. Montgomery, as the personal representative of his son s estate, filed a
wrongful... purportedly settling his case and dismissing his appeal without the authority to do so.
Affirmed. DANAHY, C.J., and GRIMES and HALL, JJ., concur.
153-CITE: 507 So.2d 729 In re The ESTATE OF Austin PEARCE, Deceased.
TEXT: GLICKSTEIN, Judge. This is an appeal of an order in Okeechobee County probate court,
surchar...there was the possibility the other co-personal representative s refusal to join in the
appeal was improper. HERSEY, C.J., and GUNTHER, J., concur.
154-CITE: 504 So.2d 426 Angelina IANDOLI, as Personal Representative of the Estate of Lewis E. Iandoli,
Appellant, v. Marie IANDOLI, Appellee.
TEXT: LETTS, Judge. The trial judge ruled that although a constitutional homestead may be devised
...ctly on all fours, but the principle is the same. As a consequence, we believe Finch commands
affirmance. AFFIRMED. WALDEN and STONE, JJ., concur.
155-CITE: 632 So.2d 1101 STATE of Florida, Appellant, v. Neil J. LAHURD, Appellee.
TEXT: PARIENTE, Judge. The state appeals an order dismissing an information charging the
defendant... permission. See e.g. The Florida Bar v. Irving M. Felder, 425 So.2d 528 (Fla.1982); The
Florida Bar v. Robert J. Pincket, 398 So.2d 802 (Fla.1981).
156-CITE: 684 So.2d 214 Mindy R. KEESAL, as Personal Representative of the Estate of Rosalyn R. Barsky,
on behalf of the Estate and Mindy R. Keesal, Petitioner, v. FIRST HEALTHCARE CORPORATION, d b a East
Manor Medical Care Center, Respondent.
TEXT: PER CURIAM. This court has before it a petition for writ of certiorari which seeks review
of...ment, Inc., 673 So.2d 116 (Fla. 4th DCA 1996). Petition denied; direct conflict certified.
PARKER, A.C.J., and PATTERSON and LAZZARA, JJ., concur.
157-CITE: 506 So.2d 1138 Linda Susan DOHNAL and Robert Louis Dohnal, as personal representatives of the
estate of Susanne Dohnal, deceased, Appellants, v. SYNDICATED OFFICES SYSTEMS d b a Central
Financial Control and Palms of Pasadena Hospital, Appellees.
TEXT: HALL, Judge. Linda Susan Dohnal and Robert Louis Dohnal, personal representatives of the
est...SECTION 733.705(3), FLORIDA STATUTES (SUPP.1984), WHERE THE *1140 ESTATE HAS SHOWN NO
PREJUDICE. Affirmed. LEHAN, A.C.J., and FRANK, J., concur.
158-CITE: 557 So.2d 692 In re ESTATE of Robert A. SURREY, Deceased.
TEXT: PER CURIAM. Affirmed on the authority on In re Estate of Johnson, 397 So.2d 970 (Fla. 4th
DC...XT: PER CURIAM. Affirmed on the authority on In re Estate of Johnson, 397 So.2d 970 (Fla. 4th
DCA 1981). DOWNEY, ANSTEAD and WALDEN, JJ., concur.
159-CITE: 613 So.2d 1345 James GOEKE, Appellant, v. John D. GOEKE, Guardian of the Estate of William
John Goeke, incapacitated, Appellee.
TEXT: ALTENBERND, Judge. This appeal arises from an adversary proceeding between twin brothers in
... will. Unif. Probate Code Section 5-407, 8 U.L.A. 485 (1969); Unif. Guardianship and Protective
Proceedings Act Section 2-307, 8A U.L.A. 495 (1982).
160-CITE: 553 So.2d 289 STATE of Florida, DEPARTMENT OF CORRECTIONS, Appellant, v. Jeni PARKER, as
personal representative of the Estate of Terrance Parker, and Jeni Parker individually, as surviving
spouse, Appellee.
TEXT: PER CURIAM. This is an appeal by the state from a civil judgment entered against the
Departm...ion 768.28(5) does not apply to separate claims by different individuals in the same
lawsuit). AFFIRMED. GLICKSTEIN, DELL and WALDEN, JJ., concur.
161-CITE: 571 So.2d 90 In re ESTATE OF Jeremy MINDLIN, Deceased. Leo MINDLIN, Appellant, v. Karen
MINDLIN, Appellee.
TEXT: PER CURIAM. The appellant, Leo Mindlin, challenges an order denying his petition to be
appoi... to name Leo Mindlin as personal representative. Reversed and remanded with instructions.
SCHOONOVER, C.J., and LEHAN and ALTENBERND, JJ., concur.
162-CITE: 444 So.2d 464 In re ESTATE OF John Alfred FAIRWEATHER, a k a John A. Fairweather, Deceased.
Alan McPHEE, James William Fairweather, Gerald Fairweather, Joyce Palm, and Geraldine Corinetti,
Appellants, v. Elisa M. FAIRWEATHER, Sandra K. Klamo, George E. Fairweather, and Jay B. Fairweather,
Appellees.
TEXT: OTT, Chief Judge. The decedent s will devised his entire estate to his second wife and in
th...e was amended by chapter 82-71, section 1, Laws of Florida, effective April 2, 1982. The
decedent died prior to the effective date of the amendment.
163-CITE: 743 So.2d 1127 Andrew SEREDY, Christina Seredy, George Seredy, and Irene Seredy, Appellants,
v. Theresa RACANSKY, as Personal Representative of the Estate of Ted Molnar, Appellee.
TEXT: ON MOTION FOR REHEARING WARNER, C.J. We withdraw our previously issued opinion and
substitu...uences. The trial court refused to recognize it as valid. On this record, there is no
error presented. Affirmed. STONE and STEVENSON, JJ., concur.
164-CITE: 445 So.2d 1145 In re ESTATE OF Chester BLAND, Deceased. HARTFORD NATIONAL BANK & TRUST
COMPANY, Appellant, v. Shirley BLAND, Linda B. Sonnenblick and Deborah B. Albert, as Personal
Representatives of the Estate of Chester Bland, Deceased, Appellees. Shirley BLAND, Linda
Sonnenblick and Deborah B. Albert, as Personal Representatives of the Estate of Chester Bland,
Deceased, Appellants, v. HARTFORD NATIONAL BANK & TRUST COMPANY, Appellees.
TEXT: BERANEK, Judge. These consolidated appeals arise from two court orders, one in favor of the
...forcing the judgment against the estate. AFFIRMED AS TO CASE NO. 83-1802; DISMISSED AS TO CASE
NO. 82-1944. ANSTEAD, C.J., and WALDEN, J., concur.
165-CITE: 670 So.2d 195 Donald I. REHMAN, Appellant, v. ESTATE OF George L. FRYE, Jr., etc., Appellee.
TEXT: PER CURIAM. AFFIRMED. See In re Shaw s Estate, 340 So.2d 491 (Fla. 3d DCA 1976). PETERSON,
...ncur. TEXT: PER CURIAM. AFFIRMED. See In re Shaw s Estate, 340 So.2d 491 (Fla. 3d DCA 1976).
PETERSON, C.J., and COBB and THOMPSON, JJ., concur.
166-CITE: 579 So.2d 282 Wesley J. BARTELT, individually and as Personal Representative of the Estate of
Calvin C. Bartelt, deceased, Appellant, v. Calvin E. BARTELT, Appellee.
TEXT: JORGENSON, Judge. The personal representative of the estate of Calvin C. Bartelt appeals
fro...ection 732.103(5), Florida Statutes, has no effect. . . . 552 So.2d at 1134 n. 1. *285 free of
the claims of the creditors of the estate. AFFIRMED.
167-CITE: 432 So.2d 128 George J. SHAMAS, Michael J. Shamas, and Rebecca Kreed Shamas, Appellants, v.
Dorthea E. RITTER, as Personal Representative of the Estate of Helen V. Curry, Deceased and Joseph
F. Jennings, Guardian ad Litem of Joseph Coley Ritter, a minor beneficiary, Appellees.
TEXT: PER CURIAM. The trial court s findings that appellee overcame the presumption of undue
influ...will not be disturbed. See In re Estate of Carpenter, 253 So.2d 697 (Fla.1971); In re Estate
of Blakey, 363 So.2d 630 (Fla. 3d DCA 1978). Affirmed.
168-CITE: 463 So.2d 430 Doris KESSLER, Appellant, v. June BRISTOL a k a June Kessler, Appellee.
TEXT: PER CURIAM. Affirmed. In Re Estate of Carpenter, 253 So.2d 697 (Fla.1971); In Re Estate of
R...J. TEXT: PER CURIAM. Affirmed. In Re Estate of Carpenter, 253 So.2d 697 (Fla.1971); In Re
Estate of Robertson, 372 So.2d 1138 (Fla. 3d DCA 1979).
169-CITE: 542 So.2d 1071 The ESTATE OF Evangeline H. WHITFIELD.
TEXT: PER CURIAM. We treat this plenary appeal as a petition for writ of certiorari. Fla.R.App.P.
...eat this plenary appeal as a petition for writ of certiorari. Fla.R.App.P. 9.030(2)(B) and
9.040(c). DENIED. DELL, POLEN and GARRETT, JJ., concur.
170-CITE: 505 So.2d 558 Ruth L. FASKE, as personal representative of the estate of Paul Faske,
Appellant, v. Charles R. MOORE, Appellee.
TEXT: PER CURIAM. Affirmed. See Harbor House Properties v. Estate of Stone, 443 So.2d 136 (Fla.
3d...or House Properties v. Estate of Stone, 443 So.2d 136 (Fla. 3d DCA 1983); Notar v. State Farm
Mut. Auto. Ins. Co., 438 So.2d 531 (Fla. 2d DCA 1983).
171-CITE: 499 So.2d 60 FIRST NATIONAL BANK IN PALM BEACH, Appellant, v. G. Earle UNDERWOOD, Appellee.
TEXT: PER CURIAM. We are of the opinion that a curator of a decedent s estate has no standing to
b...), Florida Statutes (1985), should be construed to enable a shareholder to assert a corporate
cause of action. We have concluded that it should not.
172-CITE: 557 So.2d 599 Stephen R. SYLVESTER, Appellant Cross Appellee, v. Lou Emma SYLVESTER, Appellee
Cross Appellant.
TEXT: PER CURIAM. The husband in this dissolution action appeals from an award to the wife of
lump...mp sum payments mandated, it would appear that may be impossible but, if possible, it would
seem to require joinder of the trustee and remainderman.
173-CITE: 586 So.2d 327 In re ESTATE OF Harvey S. WARWICK, Deceased.
TEXT: OVERTON, Justice. Petitioner, Julia W. Carswell, co-personal representative and beneficiary
..., and BARKETT, GRIMES and KOGAN, JJ., concur. McDONALD, J., dissents. ------------ (FN1) We have
jurisdiction. Art. V, Section 3(b)(3), Fla. Const.
174-CITE: 442 So.2d 422 ESTATE OF Stephen W. REBACK, Appellant, v. Mildred I. REBACK, Appellee.
TEXT: SIMONS, STUART M., Associate Judge. This is an appeal by the estate of the husband in a
diss...e amount of the award for attorney s fees. We find sufficient evidence in the record to
support the award. AFFIRMED. HURLEY and DELL, JJ., concur.
175-CITE: 453 So.2d 1159 Lilianan GUELMAN and Lidia Guelman, Appellants, v. Elba Formento DE GUELMAN,
and Steven Brotman, as Personal Representative of the Estate of Mario Guelman, Deceased, Appellees.
TEXT: PER CURIAM. A trial court will be sustained in its interpretation of the law of a foreign
co...d 955 (Fla. 4th DCA 1981); In Re Estate of Lee, supra; Grace v. Grace, supra. Therefore the
final order under review is hereby affirmed. Affirmed.
176-CITE: 559 So.2d 457 In re ESTATE OF Buber Allen EVANS. ULYSSES WALKER & SONS LOGGING and Georgia
Casualty Insurance Company, Appellants, v. Lizzie M. EVANS, individually and as Personal
Representative of the Estate of Buber Evans, Appellee.
TEXT: PER CURIAM. We affirm the trial court s finding that Lizzie Evans is the surviving spouse
of...clusive jurisdiction of a Judge of Compensation Claims subject, of course, to review on appeal.
AFFIRMED. WIGGINTON, MINER and ALLEN, JJ., concur.
177-CITE: 525 So.2d 1036 Nelson C. RUDOLPH, and Burton M. Rudolph, Lawful Heirs of the Estate of Jack A.
Rudolph and individually, and Nelson C. Rudolph, as Personal Representative of the Estate,
Appellants, v. Miriam RUDOLPH, Appellee.
TEXT: PER CURIAM. Affirmed. Nardone v. Reynolds, 333 So.2d 25 (Fla.1976). ...Miami, for appellee.
*1037 Before NESBITT, FERGUSON and JORGENSON, JJ. TEXT: PER CURIAM. Affirmed. Nardone v.
Reynolds, 333 So.2d 25 (Fla.1976).
178-CITE: 479 So.2d 755 Ann S. SMITH, Appellant, v. BANK OF CLEARWATER, as Trustee and Individually,
Appellee.
TEXT: LEHAN, Judge. We reverse the summary judgment denying plaintiff s claim against a trustee
of...review by certifying a particularized question. See Rupp v. Jackson, 238 So.2d 86, 87-89
(Fla.1970). OTT, A.C.J., and LEHAN and FRANK, JJ., concur.
179-CITE: 559 So.2d 1217 Leonard P. CONTELLA, Appellant, v. Alice St. Onge CONTELLA, et al., Appellees.
TEXT: W. SHARP, Judge. Contella appeals that portion of a non-final order which dissolves an
irrev...y successfully reach the trust assets for support purposes on other grounds. REVERSED in
part, and REMANDED. DANIEL, C.J., and COWART, J., concur.
180-CITE: 530 So.2d 506 Albert SINE, as Personal Representative of the Estate of Sadie Gold, Appellant,
v. Sonya DAVIDSON, Stuart Davidson, Scott Davidson, Jeffrey Davidson, and Mary Ubogy, Appellees.
TEXT: PER CURIAM. We reverse the trial court s order appointing an administrator ad litem to
inves...the will contestants lacked standing and should be corrected by entry of an order granting
summary judgment. REVERSED AND REMANDED WITH DIRECTIONS.
181-CITE: 502 So.2d 1378 R.G. INDUSTRIES, INC., Petitioner, v. Honorable James B. BALSIGER, as Acting
Circuit Court Judge, Respondent.
TEXT: PER CURIAM. We treat this petition for writ of prohibition as a petition for certiorari.
Fla...controversy may well be moot inasmuch as the personal representative has now filed the
wrongful death suit accompanied by fulsome discovery efforts.
182-CITE: 507 So.2d 1136 Rose M. ZAKARIAN, Appellant, v. Ardash Simon CHOLAKIAN, Individually, and as
Beneficiary of the Estate of Violet Cholakian, Deceased, Appellee.
TEXT: PER CURIAM. Affirmed. See Holden v. Estate of Gardner, 420 So.2d 1082, 1083 (Fla.1982);
Shaw...ART, JJ. TEXT: PER CURIAM. Affirmed. See Holden v. Estate of Gardner, 420 So.2d 1082, 1083
(Fla.1982); Shaw v. Shaw, 334 So.2d 13, 16 (Fla.1976).
183-CITE: 466 So.2d 253 Paul E. RAYMOND, as Personal Representative of the Estate of Charlene M. Kaye,
Deceased, Appellant, v. HALIFAX HOSPITAL MEDICAL CENTER, etc., and Blue Cross and Blue Shield of
Florida, Inc., etc., Appellees.
TEXT: COWART, Judge. This case involves the question of whether an insured has a cause of action
a...d to Blue Cross because Blue Cross had no contractual duty to pay the bill under the policy.
AFFIRMED. DAUKSCH and FRANK D. UPCHURCH, JJ., concur.
184-CITE: 504 So.2d 469 Francis N. HECTOR, Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION, FLORIDA
REAL ESTATE COMMISSION, Appellee.
TEXT: JOANOS, Judge. Francis N. Hector (Hector) appeals a final order of the Department of
Profess...o.2d 239, 241 (Fla.1977), and cases cited therein; Automobile Insurance Co. of Hartford,
Connecticut v. Beem, 469 So.2d 138, 141 (Fla. 3d DCA 1985).
185-CITE: 541 So.2d 788 Harvey ROSENBERG, Appellant, v. Ruth C. KUBECK, Personal Representative of the
Estate of Raymond T. Slie, Jr., Deceased, Appellee.
TEXT: FRANK, RICHARD H., Associate Judge. The question before us is whether an enforceable
agreeme...estate broker. Accordingly, we reverse and vacate the trial court s order and remand for
further proceedings. HERSEY, C.J., and STONE, J., concur.
186-CITE: 462 So.2d 1204 Berta CRUZ, as Personal Representative of the estate of Noralva Delgado,
deceased, on behalf of the estate of Noralva Delgado, deceased, and on behalf of Merida Cruz and
Guadalupe Delgado, natural parents and lawful survivors of the estate of Noralva Delgado, deceased,
Appellants, v. METROPOLITAN DADE COUNTY, Theron McClain, Levin Long, Frank Calaveri, Gordon Gouwens,
and James Sharpe, Appellees.
TEXT: PER CURIAM. Affirmed. Department of Transportation v. Neilson, 419 So.2d 1071 (Fla.1982);
Hy...rtation, 452 So.2d 1109 (Fla. 2d DCA 1984); Payne v. Palm Beach County, 395 So.2d 1267 (Fla.
4th DCA 1981). Chapter 90.407, Florida Statutes (1983).
187-CITE: 439 So.2d 985 Anne Winnifred MILES, Appellant, v. BARNETT BANKS TRUST COMPANY, N.A., as
Personal Representative of the Estate of Inez S. McKeown, Deceased, and Alice M. Moore, Appellees.
TEXT: PER CURIAM. Affirmed. In re Estate of Carpenter, 253 So.2d 697 (Fla.1971); Forsythe v.
Spiel...JORGENSON, JJ. TEXT: PER CURIAM. Affirmed. In re Estate of Carpenter, 253 So.2d 697
(Fla.1971); Forsythe v. Spielberger, 86 So.2d 427 (Fla.1956).
188-CITE: 505 So.2d 529 Barbara RAYMOND, Appellant, v. ESTATE of Robert KAUFMAN, Appellee.
TEXT: PER CURIAM. This is an appeal by the defendant from a final judgment entered below based on
... be accomplished by the trial court upon the rendition of our mandate in this cause. As thus
modified, the final judgment under review is Affirmed.
189-CITE: 444 So.2d 87 Carl HARNICK, Appellant, v. Ethel HARNICK, Appellee.
TEXT: PER CURIAM. A presumption of undue influence did not arise where the daughter, beneficiary
o... the will or the gifts. See In re Estate of Carpenter, 253 So.2d 697 (Fla.1971); In re Estate of
Smith, 212 So.2d 74 (Fla. 4th DCA 1968). Affirmed.
190-CITE: 536 So.2d 343 In re The ADOPTION OF Kelly Paige LESSEM, a minor. Gus ANDY, as Personal
Representative of the Estate of Yiannis Byron Antoniadis, Appellant, v. Kelly Paige LESSEM, a minor,
Appellee.
TEXT: FRANK, Judge. The order under review, which derived from the motion of the personal
represen... s ability to initiate an independent action. See In re Estate of Farley, 520 So.2d 619
(Fla. 4th DCA 1988). DANAHY, A.C.J., and LEHAN, J., concur.
191-CITE: 687 So.2d 53 Robert LANE and Kari Lane, Appellants, v. The Inter Vivos ESTATE OF Lawrence
MORTON, Appellee.
TEXT: PER CURIAM. Robert and Kari Lane, plaintiffs below, appeal a final summary judgment entered
...no duty to warn child of sharp spines of a plant which is in plain view in the landowner s yard),
rev. denied, 401 So.2d 1338 (Fla.1981). Affirmed.
192-CITE: 549 So.2d 678 THE CITY OF HAINES CITY, a political subdivision of the State of Florida,
Appellant, v. William ALLEN and Margaret Allen, his wife; the Personal Representative of the Estate
of John Guthrie, Deceased; the Personal Representative of the Estate of Robert Nivens, Deceased; and
the Personal Representative of the Estate of Ray Auer, Deceased; and Robert Lewis Miller, Jr.,
Appellees. Arlene AUER, as Personal Representative of the Estate of Ray Auer, Deceased, and Joan
Nivens, as Personal Representative of the Estate of Robert Nivens, Deceased, Cross-Appellants, v.
THE CITY OF HAINES CITY, a political subdivision of the State of Florida, Cross-Appellee.
TEXT: PER CURIAM. The appellees recovered judgments against the City of Haines City in varying
amo...m the final judgments herein. The cross-appeals are rendered moot by this decision.
Affirmed. SCHEB, A.C.J., and HALL, and PATTERSON, JJ., concur.
193-CITE: 481 So.2d 1294 KENT INSURANCE COMPANY and Charles Atwood d b a Miracle Strip Security Service,
Appellant, v. In re ESTATE OF Vealon Andrews ATWOOD a k a Vealon G. Atwood, Appellee.
TEXT: McCORD, GUYTE P., Jr. (Ret.), Associate Judge. Kent Insurance Company (Kent) appeals from
th...etition, and laches does not apply. The judgment below is reversed and the case remanded for
further proceedings. ERVIN and WIGGINTON, JJ. concur.
194-CITE: 729 So.2d 1006 Kay STARR, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
DIVISION OF REAL ESTATE, Appellee.
TEXT: PER CURIAM. Kay Starr appeals an order of the Department of Business and Professional
Regula...DCA 1998). The order of the DBPR, and the sanction of revocation with leave to reapply,
are, thus, affirmed. POLEN, SHAHOOD and GROSS, JJ., concur.
195-CITE: 456 So.2d 955 Lulu JOHNSON, as Personal Representative of the Estate of Blanche J. Carey, a k
a Blanche S. Carey, a k a Blanche J. Smith, Deceased, Appellant, v. WALTON LANTAFF SCHROEDER &
CARSON, Appellees.
TEXT: PER CURIAM. Affirmed. See In Re Estate of Ryecheck, 323 So.2d 51 (Fla. 3d DCA 1975).
...ppellees. Before BARKDULL, NESBITT and JORGENSON, JJ. TEXT: PER CURIAM. Affirmed. See In Re
Estate of Ryecheck, 323 So.2d 51 (Fla. 3d DCA 1975).
196-CITE: 474 So.2d 1215 FORT MYERS MEMORIAL GARDENS, INC., Appellant Cross-Appellee, v. BARNETT BANKS
TRUST COMPANY, N.A., Appellee Cross-Appellant. The NATIONAL TRUST COMPANY, as Trustee, Appellant
Cross-Appellee, v. BARNETT BANKS TRUST COMPANY, Appellee Cross-Appellant.
TEXT: CAMPBELL, Acting Chief Judge. This is an appeal and a cross-appeal from a final judgment
fol...y that amount, if any, as damages. Affirmed on appeal: Reversed and remanded with
instructions on cross-appeal. SCHOONOVER and LEHAN, JJ., concur.
197-CITE: 588 So.2d 14 SUN BANK MIAMI, N.A., Appellant, v. CONSOLIDATED BANK, N.A., Appellee.
TEXT: PER CURIAM. Affirmed. In Re Yohn s Estate, 238 So.2d 290 (Fla.1970); Green v. First
American...te Investment Trust, 471 So.2d 104 (Fla. 3d DCA 1985); Wassil v. Gilmour, 465 So.2d 566
(Fla. 3d DCA 1985); Section 59.041, Florida Statutes (1989).
198-CITE: 632 So.2d 189 Robert WINEGAR, Claimant Creditor, Appellant, v. The ESTATE OF John CISEK,
Deceased, Appellee.
TEXT: PER CURIAM. Appellant, Robert Winegar (the creditor), appeals from an order barring his
clai... Yohn, 238 So.2d 290 (Fla.1970); Johnson v. Davis, 449 So.2d 344 (Fla. 3d DCA 1984), approved
on other grounds, 480 So.2d 625 (Fla.1985). Affirmed.
199-CITE: 756 So.2d 203 NATIONSBANK, N.A., et al., Appellants, v. Steven BRENNER, et al., Appellees.
TEXT: SCHWARTZ, Chief Judge. The trustees of an inter vivos trust established by Joseph Brenner,
w...Agreement, or any other property. 6.5 Said debts, expenses, costs and taxes may be paid out of
either the principal or income of the Trust Estate.
200-CITE: 693 So.2d 636 Michael M. STARY, Appellant, v. Marvin E. EVERETTE, as personal representative
of the Estate of Beatrice E. Rogers, deceased, Appellee.
TEXT: PER CURIAM. Because the tenant s dog attacked the plaintiff away from the landlord s
premise..., 648 So.2d 314 (Fla. 4th DCA 1995); Ward v. Young, 504 So.2d 528 (Fla. 2d DCA 1987);
Allen v. Enslow, 423 So.2d 616 (Fla. 1st DCA 1982). Affirmed.
201-CITE: 512 So.2d 329 Tomas P. SANDO, Appellant, v. STATE of Florida and Southeast Bank, N.A.,
Appellees.
TEXT: PER CURIAM. Tomas P. Sando, a beneficiary under his brother s will, appeals a final order
de...itlement to the funds in an evidentiary hearing, and obtain an order of the court directing
payment. Reversed and remanded for further proceedings.
202-CITE: 704 So.2d 754 Donald REHMAN, Appellant, v. ESTATE OF George L. FRYE, Jr., etc., Appellee.
TEXT: W. SHARP, Judge. Rehman appeals from an order which awarded attorney s fees and costs to
EEC...gs in the probate court by ECC, after the assignment, did not serve to revive or renew the
claim. REVERSED. GRIFFIN, C.J., and HARRIS, J., concur.
203-CITE: 579 So.2d 141 In re ESTATE OF Maurice HOROWITZ, deceased. Edith Horowitz BROIDA, Appellant, v.
Samuel S. SMITH, et al., Appellees.
TEXT: PER CURIAM. Edith Broida appeals a final judgment in probate. Two of the issues raised by
th... 323 So.2d 51, 52 (Fla. 3d DCA 1975); see also Applegate v. Barnett Bank, 377 So.2d 1150
(Fla.1979). In all respects the final judgment is affirmed.
204-CITE: 687 So.2d 842 Robert M. BRAKE and Eileen M. Brake, Appellants, v. Eve E. MURPHY and Richard
Murphy, Appellees.
TEXT: PER CURIAM. Defendants Robert M. Brake and Eileen M. Brake appeal a final judgment setting
a...y plaintiff. See Casa Linda Tile & Marble Installers, Inc. v. Highlands Place 1981, Ltd., 642
So.2d 766 (Fla. 4th DCA 1994). Reversed and remanded.
205-CITE: 573 So.2d 424 In re The ESTATE OF Eileen Ellis MURPHY, deceased. Eileen M. BRAKE, as Personal
Representative of the Estate of Eileen Ellis Murphy, deceased, et al., Appellants, v. Eve E. MURPHY,
et al., Appellees.
TEXT: ON MOTION TO DISMISS COPE, Judge. As the record before us indicates that the proceeding
bel...guardianship rules did not authorize motions for rehearing. In view of the 1981 amendment,
Crissey is no longer good law. Motion to dismiss denied.
206-CITE: 547 So.2d 946 Kay L. COPPOCK, as Personal Representative of the Estate of George Hawkins,
deceased, Appellant, v. Hazel H. CARLSON, Appellee.
TEXT: FERGUSON, Judge. George Hawkins died in 1987 at age 84. His last will and testament, dated
J... (Fla. 3d DCA 1987). The record contains more than sufficient testimony supporting the trial
court s determination. For that reason, I would affirm.
207-CITE: 545 So.2d 524 In re ESTATE OF George STEIN, Deceased; Marta Burk Stein, a k a Marta Burke,
Appellant, v. Marie Wieland STEIN, Appellee.
TEXT: PER CURIAM. AFFIRMED. In re Estate of Scholtz, 543 So.2d 219 (Fla.1989). SMITH, C.J., and
T...R, JJ., concur. TEXT: PER CURIAM. AFFIRMED. In re Estate of Scholtz, 543 So.2d 219
(Fla.1989). SMITH, C.J., and THOMPSON and MINER, JJ., concur.
208-CITE: 687 So.2d 64 Dona LIECHTY, Appellant, v. Beverly Ann HALL, etc., Appellee.
TEXT: PER CURIAM. Appellant, Dona Liechty, seeks review of an order dismissing with prejudice her
...the circuit court. Padgett, 318 So.2d 484. AFFIRMED in part; REVERSED in part; and REMANDED.
PETERSON, C.J., and GOSHORN and GRIFFIN, JJ., concur.
209-CITE: 608 So.2d 945 Joseph C. ROMANS, individually and as Personal Representative of the estate of
Nora M. Sampera Romans, deceased, on behalf of the said Estate and the survivors of Nora M. Sampera
Romans, deceased to wit: Joseph C. Romans, Joseph Romans, Jr., a minor, Appellant, v. Carlos
STINCER, M.D., Appellee.
TEXT: PER CURIAM. Affirmed. Voelker v. Combined Ins. Co. of Am., 73 So.2d 403 (Fla.1954). ...r
appellee. Before BASKIN, FERGUSON and JORGENSON, JJ. TEXT: PER CURIAM. Affirmed. Voelker v.
Combined Ins. Co. of Am., 73 So.2d 403 (Fla.1954).
210-CITE: 698 So.2d 1276 Rosalie LEWIS, as Personal Representative of the Estate of Bertha Carlson,
Deceased, Appellant, v. SunTRUST BANK, MIAMI, N.A., Appellee.
TEXT: PER CURIAM. This is an appeal from an order granting a motion for judgment on the pleadings
... execution of will, provided that such taxes, imposed with respect to property passing under the
trust deed, be paid out of the principal of trust).
211-CITE: 573 So.2d 1035 ESTATE OF Lou BACON, etc., et al., Appellants-Appellees, v. Adele BACON,
Appellee-Appellant.
TEXT: PER CURIAM. The summary judgment against the estate was incorrectly entered because it was
a...art and remanded with directions. ------------ (FN2) We need not discuss the numerous other
bases for reversal of the summary judgments in question.
212-CITE: 564 So.2d 583 In re ESTATE OF Mildred HUNTER, Deceased.
TEXT: PER CURIAM. AFFIRMED. See In re The Estate of Vickery, 564 So.2d 555 (Fla. 4th DCA 1990.)
A...RMED. See In re The Estate of Vickery, 564 So.2d 555 (Fla. 4th DCA 1990.) ANSTEAD and GUNTHER,
JJ., and FRANK, RICHARD H., Associate Judge, concur.
213-CITE: 711 So.2d 92 ESTATE OF Jerome BAIN, etc., Appellant, v. Reinaldo BIBOLINI, Appellee.
TEXT: PER CURIAM. The Estate of Jerome Bain appeals from an order of final summary judgment of
gar...nnot be properly accomplished during a hearing for summary judgment. ). We reverse and remand
for further proceedings consistent with this opinion.
214-CITE: 696 So.2d 806 The ESTATE OF Gladis PETERS, By and Through Michael BILIRAKIS, the Personal
Representative, Petitioner, v. CONSULTING MANAGEMENT AND EDUCATION, INC., d b a Country Place Of
Clearwater, Respondent.
TEXT: PER CURIAM. This court has before it a petition for writ of certiorari which seeks review
of...A 1996), rev. granted, 686 So.2d 578 (Fla.1996). Petition denied; direct conflict certified.
SCHOONOVER, A.C.J., and BLUE and QUINCE, JJ., concur.
215-CITE: 518 So.2d 933 FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF the FLORIDA KEYS, Appellant, v.
Louis S. ST. LAURENT, II, Individually and as Trustee, Can-Am Investments, Inc., Can-Am Investment
Realty, Inc., Mary Bafalis and Ilene Hoffman, Appellees.
TEXT: PER CURIAM. This is an appeal by the seller of real property [First Federal Savings & Loan
A...nc. v. Sykes, 450 So.2d 1114 (Fla.1984). Moreover, the remaining point on appeal presents no
reversible error and requires no discussion. Affirmed.
216-CITE: 523 So.2d 1220 The NEBRASKA METHODIST HOSPITAL, Appellant, v. John R. WILSON, as Personal
Representative of the Estate of Irene Cole Wilson, Deceased, Appellee.
TEXT: WIGGINTON, Judge. Appellant appeals an amended final judgment approving appellee s final
acc... accounting. AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings
consistent with this opinion. BOOTH AND ZEHMER, JJ., concur.
217-CITE: 711 So.2d 1285 Carol King WILLIAMS, Appellant Cross-Appellee, v. Claudine M. KING, etc.,
Appellee Cross-Appellant.
TEXT: DAUKSCH, Judge. This is an appeal from orders in a probate matter. The appellant was the
dau...y s fees to the prevailing party by the losing party and its attorneys where the court finds a
complete absence of justiciable issue of law or fact.
218-CITE: 549 So.2d 1217 In re the ESTATE OF Melisande Cynara JANSON, Deceased. TALLAHASSEE MEDICAL
CENTER, INC., d b a Tallahassee Community Hospital, Appellant, v. The ESTATE OF Melisande Cynara
JANSON, Deceased, Appellee.
TEXT: PER CURIAM. AFFIRMED. Public Health Trust of Dade County v. Lopez, 531 So.2d 946
(Fla.1988)....NCUR. TEXT: PER CURIAM. AFFIRMED. Public Health Trust of Dade County v. Lopez, 531
So.2d 946 (Fla.1988). SMITH, THOMPSON and MINER, JJ., concur.
219-CITE: 458 So.2d 1231 Olga GONZALEZ, as Personal Representative of the Estate of William E. Hartman,
et al., Appellants, v. Dorothy J. SMITH, as Personal Representative of the Estate of Alexius Guy
Smith, Jr., Deceased, et al., Appellees.
TEXT: PER CURIAM. Affirmed. Devlin v. Florida Rent-A-Car, Inc., 454 So.2d 787 (Fla. 5th DCA
1984)....ore HENDRY, HUBBART and DANIEL S. PEARSON, JJ. TEXT: PER CURIAM. Affirmed. Devlin v.
Florida Rent-A-Car, Inc., 454 So.2d 787 (Fla. 5th DCA 1984).
220-CITE: 694 So.2d 804 In re ESTATE OF Joseph Brown FARRIOR, Jr., a k a J. Brown Farrior. Jay B.
FARRIOR, III, Appellant, v. ESTATE OF Joseph Brown FARRIOR, Jr., a k a J. Brown Farrior, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellant, Jay B. Farrior, III, is guardian for his son,
Thoma...DESCENDENT WHO IS NOT AN HEIR UNDER THE DEFINITION IN SECTION 731.201(18), FLORIDA STATUTES
(1993)? Affirmed. SCHOONOVER and FULMER, JJ., concur.
221-CITE: 546 So.2d 1135 Mary POWELL, Personal Representative of the Estate of Jewell Crockett,
Deceased, Appellant, v. CHANCY-STOUTAMIRE, INC., Appellee.
TEXT: THOMPSON, Judge. Mary Powell, Personal Representative of the Estate of Jewell Crockett,
Dece... from the date this order becomes final and to have a hearing on the motion within 15 days
from the date it is filed. SMITH and MINER, JJ., concur.
222-CITE: 752 So.2d 121 Timothy M. PALETTI and Mark C. Paletti, Appellants, v. Richard E. CORBIN,
individually and as Trustee of the Richard E. Corbin Trust and Corbin Trusts, yellow Jacket Marina,
Inc., Florida River Boats, Inc., and Suwannee Belle, Inc., Appellees.
TEXT: PER CURIAM. In these multiple appeals, Appellants appeal several orders arising out of a
fin...ed the order granting partial summary judgment entered in favor of Appellants on January 24,
1994. REVERSED. ERVIN, BOOTH and BENTON, JJ., CONCUR.
223-CITE: 466 So.2d 431 Albert N. FITTS, etc., Appellant, v. The GUARDIANSHIP ESTATES OF Richard
CAMPBELL, et al., Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from an order denying attorney s fees to the attorney for
...s presented to the court for review, and there is nothing to show that in so doing he was
attempting to defend or justify the improper expenditures.
224-CITE: 528 So.2d 972 Jonathan RICHARDS, Appellant, v. Susan R. RICHARDS, as Personal Representative
of the Estate of David Theodore Richards a k a Ted Richards, Deceased, Appellee.
TEXT: PER CURIAM. AFFIRMED. HERSEY, C.J., and DELL, J., concur. WALDEN, J., dissents with
opinio...ate of Collin, 279 So.2d 48 (Fla. 4th DCA 1973); Taylor v. Hopkins, 472 So.2d 1355 (Fla.
5th DCA 1985), and remand for a proper evidentiary hearing.
225-CITE: 543 So.2d 449 In re ESTATE OF Harvey S. WARWICK, Deceased.
TEXT: GARRETT, Judge. Appellant, the estate s co-personal representative, filed an objection to
th... awarded, we find no abuse of discretion. Sheffield v. Dallas, 417 So.2d 796 (Fla. 5th DCA
1982). AFFIRMED. HERSEY, C.J., and GUNTHER, J., concur.
226-CITE: 441 So.2d 686 Mary E. LANDES and Landes Realty, Inc., Appellants, v. DEPARTMENT OF
PROFESSIONAL REGULATION, Florida Real Estate Commission, Appellees.
TEXT: LEHAN, Judge. Appellants appeal a final order of the Florida Real Estate Commission finding
...s final order which noted that other conduct of Mrs. Landes provided grounds for revoking her
license. AFFIRMED. OTT, C.J., and RYDER, J., concur.
227-CITE: 664 So.2d 1179 Margareta DEW and Nancy M. Mitchell, Appellants, v. Wilhelm NERRETER, Gretel
Hechtel, et al., Appellees.
TEXT: COBB, Judge. The issue in this case is whether the trial court erred in granting attorney
fe...106(2), and neither is applicable to the current appeal. The award of attorney fees below is
reversed. REVERSED. DAUKSCH and ANTOON, JJ., concur.
228-CITE: 460 So.2d 895 FLORIDA NATIONAL BANK OF PALM BEACH COUNTY, Etc., Petitioner, v. Ann Cleary
GENOVA, Respondent.
TEXT: ADKINS Justice. This is a petition to review a decision of the Fourth District Court of
Appe...t the exercise of her right to revoke, but rather was the will of another foisted on her.
Under these circumstances the revocation should be voided.
229-CITE: 718 So.2d 892 The ESTATE OF Phil BASILE, Appellant, v. FAMEST, INC., a Florida corporation,
Appellee.
TEXT: POLEN, Judge. The Estate of Phil Basile ( Estate ) appeals from a partial final judgment
whi...se the partial final judgment, and remand for entry of a judgment in favor of the estate as to
this issue. REVERSED. DELL and TAYLOR, JJ., concur.
230-CITE: 596 So.2d 533 In re ESTATE OF Frederick MYERSON, Deceased.
TEXT: PER CURIAM. We find no abuse of discretion by the trial court in extending the time in
which...f injunction, but without prejudice to the appellee to seek such relief in appropriate
proceedings below. ANSTEAD, HERSEY and GARRETT, JJ., concur.
231-CITE: 586 So.2d 421 Billie Jean KELLY and Barbara O Donnell, Appellants, v. John MILITANA, Personal
Representative of the Estate of Mabel Roquette; John Militana, Individually; Richard Johnson;
Merciful Saviour of Crippled Children; Good Sheperd Lutheran Church; Marlyn Bradee; and Mark
Stevens, Appellees.
TEXT: PER CURIAM. Affirmed. See Correll v. State, 523 So.2d 562 (Fla.), cert. denied, 488 U.S.
871...cert. dismissed, 139 So.2d 697 (Fla.1962); Skelton v. Davis, 133 So.2d 432 (Fla. 3d DCA 1961);
Driscoll v. Morris, 114 So.2d 314 (Fla. 3d DCA 1959).
232-CITE: 507 So.2d 749 W.K. FOURAKER, Appellant, v. Eleanor Theile CARTER, Appellee.
TEXT: ORFINGER, Judge. Fouraker appeals an order revoking Letters of Administration issued to him
... to her in obtaining her renunciation to serve as personal representative. The trial court did
not rule on this issue, so we do not consider it now.
233-CITE: 524 So.2d 1128 James RUSLER, Appellant, v. ESTATE of James P. BUCHAN, deceased, Appellee.
TEXT: COWART, Judge. A father was missing after the 1985 Mexico City earthquake. His son was
appoi...arred by section 733.702, Florida Statutes, because it was not timely filed in the probate
estate. AFFIRMED. SHARP, C.J., and DAUKSCH, J., concur.
234-CITE: 585 So.2d 946 The ESTATE OF Anthony WILSON, deceased, Appellant, v. METRO-DADE POLICE
DEPARTMENT, Appellee.
TEXT: PER CURIAM. The Estate of Anthony Wilson appeals a judgment in favor of the Metro-Dade
Polic...had violated the fourth amendment by taking blood from a dead body for purposes of a blood
test, without the consent of the next-of-kin. Id. at 857.
235-CITE: 679 So.2d 1193 INTERAMERICAN CAR RENTAL, INC., Appellant, v. The ESTATE OF Jamaul McCLOUD,
deceased, By and Through Ruby L. McCloud LANE, as Personal Representative of the Estate and
individually as natural mother of deceased, Appellee.
TEXT: PER CURIAM. Affirmed. See Avis Rent-a-Car Sys., Inc. v. Garmas, 440 So.2d 1311 (Fla. 3d DCA
.... TEXT: PER CURIAM. Affirmed. See Avis Rent-a-Car Sys., Inc. v. Garmas, 440 So.2d 1311 (Fla.
3d DCA 1983), rev. denied, 451 So.2d 848 (Fla.1984).
236-CITE: 601 So.2d 230 ESTATE OF George GIMBERT and Aetna Casualty and Surety Company, Appellants, v.
Cheryl LAMB, Appellee.
TEXT: HALL, Judge. The appellants, the Estate of George Gimbert and Aetna Casualty and Surety
Comp...We remand for a new trial on the issue of the amount of compensatory damages only. Reversed
and remanded. CAMPBELL, A.C.J., and FRANK, J., concur.
237-CITE: 501 So.2d 1 Herbert WEBER, Personal Representative of the Estate of Ruth Lane, Appellant, v.
Dorothy IMPERATO, Appellee.
TEXT: PER CURIAM. AFFIRMED. LETTS and WALDEN, JJ., concur. WEBSTER, PETER D., Associate Judge,
d...tes that such findings be made. See Brady v. Williams, 491 So.2d 1160 (Fla. 2d DCA 1986). See
also Boyle v. Boyle, 485 So.2d 879 (Fla. 2d DCA 1986).
238-CITE: 497 So.2d 920 In re ESTATE OF Gwyneth Lewis CORDINER. Jean Cordiner DOUGHERTY, Appellant, v.
Thomas P. EVANS, administrator ad litem of the Estate of Gwyneth Lewis Cordiner, Appellee.
TEXT: HALL, Judge. Appellant, a beneficiary of the estate of Gwyneth Lewis Cordiner, appeals an
or...s based on an hourly rate of $42. Accordingly, the order granting appellee the award of fees is
affirmed. LEHAN, A.C.J., and SANDERLIN, J., concur.
239-CITE: 750 So.2d 126 CENTURY 21 LEHIGH REALTY, INC., a Florida corporation, Stephen C. Conti and
Barbara Conti, Appellants, v. Diane L. TURRILL, Richard A. Anglickis and Florida Real Estate
Executives, Inc., a Florida corporation, Appellees.
TEXT: DAVIS, Judge. Stephen and Barbara Conti appeal the trial court s final judgment of
liability...ges on the fraud counterclaim. Affirmed in part, reversed in part, remanded for a new
trial on damages. PARKER, A.C.J., and CASANUEVA, J., Concur.
240-CITE: 692 So.2d 956 Donald I. REHMAN, Appellant, v. ESTATE OF George L. FRYE, Jr., etc., Appellee.
TEXT: W. SHARP, Judge. Rehman, a claimant in a probate proceeding, appeals from a probate court s
... and thus it is denied. Appeal DISMISSED; Motion to Review probate Court s Denial of Stay
Pending Review DENIED. DAUKSCH and GOSHORN, JJ., concur.
241-