Phrase search :estate wills
Results 1-6026
1-CITE: 561 So.2d 1355 Danny WILLS, Appellant, v. STATE of Florida, Appellee.
TEXT: PER CURIAM. Danny Wills appeals the sentence imposed upon him after a jury trial. The trial
...(Fla. 2d DCA 1986). Accordingly, we reverse Wills sentence and remand for resentencing.
THREADGILL, A.C.J, and PARKER and ALTENBERND, JJ., concur.
2-CITE: 529 So.2d 1253 Deborah Day CATES, Appellant, v. John R. FRICKER, Appellee.
TEXT: LEHAN, Judge. We affirm the summary judgment which denied appellant s petition for
revocatio... re Estate of Pfeiffer, 34 Fla.Supp. 132 (Dade Cty. Ct.), aff d, 240 So.2d 211 (Fla. 3d
DCA 1970). Affirmed. CAMPBELL, C.J., and HALL, J., concur.
3-CITE: 736 So.2d 57 In re ESTATE OF Azalea Lawson BARTEAU, Deceased, John S. Biederman, John S.
Biederman, Jr., Sadie T. Wilcox, Linda S. Gilbert, Colin E. Brett, Nan L. Sundano, Ellen Biederman a
k a Jane Ellene Biederman Creamer, and Mercedes Biederman, Appellants, v. Jesus Rene Guzman Ramos,
Petitioner for Personal Representative of the Estate of Azalea Lawson Barteau, Under Mexican Will
dated November 24, 1997, Appellee.
TEXT: CAMPBELL, Acting Chief Judge. Appellants, beneficiaries under Decedent s earlier will,
chall...ls. In doing so, the place of Decedent s domicile at the time of her death is a valid
subject for determination. WHATLEY and STRINGER, JJ., Concur.
4-CITE: 686 So.2d 702 William P. EDWARDS, Appellant, v. Virgil WILLS and Irmgard A. Wills, his wife,
and Tom Ward, Appellees.
TEXT: PER CURIAM. The appellant, William P. Edwards, challenges the trial court s order which
gran...ingly, we reverse the trial court s award of attorney s fees to the appellee Ward. Reversed.
SCHOONOVER, A.C.J., and BLUE and FULMER, JJ., concur.
5-CITE: 522 So.2d 99 Priscilla PORTER, Mary Ann Mandell, and William J. Porter, Jr. Appellants, v. The
ESTATE of Lucia Porter MYRICK, Deceased, and Kathryn Porter Alligood, Appellees.
TEXT: PER CURIAM. The question on this appeal is who is entitled to the remainder of the estate
of...ded by the testator. 2 T. Thomas & D. Smith, Florida Estates Practice Guide 22-3, 22-4
(1987). Accordingly, the order under review is Affirmed.
6-CITE: 697 So.2d 220 Rose KASMER, et al., Appellants, v. In re the GUARDIANSHIP OF Roman LIMNER,
Appellee.
TEXT: PER CURIAM. Rose Kasmer and Morris David Kasmer, the personal representatives of the Estate
... of their religious views, they are free to resign or ask the probate court to appoint suitable
individuals who can carry out the decedent s wishes.
7-CITE: 516 So.2d 5 Joan WILLS, Appellant, v. WILLS TRAVEL SERVICE, INC., Appellee.
TEXT: PER CURIAM. Appellant challenges a final judgment on her complaint for declaratory relief.
T...e secured by the mortgage is in the amount of $183,943.03; otherwise, we affirm the final
judgment. SCHEB, A.C.J., and RYDER and HALL, JJ., concur.
8-CITE: 549 So.2d 194 Linda Onett SHINN and Michael Onett, Appellants, v. Roy J. Schneider, Jr., as
Personal Representative of the Estate of Dorothy P. Schneider, Deceased, Appellee.
TEXT: GAVIN K. LETTS, Associate Judge. The trial judge held that an inter vivos grant of real
esta...ry of a final summary judgment in accordance herewith. REVERSED AND REMANDED. ------------
(FN2) 6 Bowe-Parker: Page on Wills Section 54.37 (1962).
9-CITE: 592 So.2d 341 In re ESTATE OF Leonard M. BOYAR, Deceased.
TEXT: PER CURIAM. This case involves the enforcement of a contract between husband and wife in
whi...2d 1267 (Fla. 2d DCA 1980), rev. denied, 394 So.2d 1153 (Fla.1981). Accordingly, the
judgments are AFFIRMED. DOWNEY, HERSEY and DELL, JJ., concur.
10-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.
11-CITE: 560 So.2d 1201 Carol BERGMAN, Appellant, v. David SERNS, Appellee.
TEXT: PER CURIAM. Carol Bergman appeals a final judgment denying her petition to revoke the will
o... S.Ct. 165, 97 L.Ed. 680 (1952) ( res adjudicata . . . is conclusive as to all matters germane
thereto that were or could have been raised. . . . ).
12-CITE: 446 So.2d 1081 THE FLORIDA BAR, Complainant, v. Leonard Lee SHELDON, Respondent.
TEXT: PER CURIAM. This lawyer-discipline proceeding is before the Court upon the complaint of The
...ty days from the date of this order to close out his practice. It is so ordered. ALDERMAN,
C.J., and BOYD, OVERTON, EHRLICH and SHAW, JJ., concur.
13-CITE: 445 So.2d 622 Edward P. SWAN, as Personal Representative of the Estate of Mary Layman Gibson,
deceased, Appellant, v. FLORIDA NATIONAL BANK OF MIAMI, as Personal Representative of the Estate of
Richmond T. Gibson, deceased, et al., Appellees.
TEXT: BASKIN, Judge. Colonel Gibson and Mrs. Gibson executed mutual wills. Colonel Gibson s will
p...ntion to substitute another in his place appears in the will. For these reasons, we hold that
the testamentary trust disposition lapsed. Affirmed.
14-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.
15-CITE: 437 So.2d 788 Stuart A. DUTCHER, Appellant, v. The ESTATE OF Loreta B. DUTCHER, Appellee.
TEXT: RYDER, Judge. Stuart Dutcher, the only child of Loreta B. Dutcher, appeals from an order
hol...f-serving, the testimony of the other two individuals, both of whom were witnesses to the
execution of the will, supports the result which we reach.
16-CITE: 578 So.2d 367 John J. BOYLE, Appellant, v. Louise SCHMITT, individually and as Ancillary
Personal Representative of the Estate of Blanche E. Boyle, deceased, and Louise Schmitt,
individually, Appellees.
TEXT: PER CURIAM. This is a consolidated appeal by the plaintiff John J. Boyle from final orders
w... The final orders of dismissal are therefore reversed and the cause is remanded to the trial
court for further proceedings. Reversed and remanded.
17-CITE: 670 So.2d 1135 Harold LAUSHWAY, etc., Appellant, v. Shirley G. ONOFRIO, Appellee.
TEXT: ANTOON, Judge. Harold Laushway appeals the final order entered by the trial court removing
h...enerally 1 Leslie A. Jeffries, Redfearn Wills and Administration in Florida, Section 17-12 (6th
ed.1986). AFFIRMED. COBB and GOSHORN, JJ., concur.
18-CITE: 444 So.2d 1024 David E. LEHR, Will Contestant, Zoona E. Doughman, Individually and as Personal
Representative of the Estate of John Shoop, Alfred J. Shoop, Individually, and the Estate of John
Shoop, by its Personal Representative, Will Contestants, Appellants, v. Wayne A. BISHOP and Ray B.
Cheatwood, Jr., Appellees.
TEXT: PER CURIAM. This is a consolidated appeal by the contestants below from an adverse ruling
of... of Donner, 364 So.2d 742 (Fla. 3d DCA 1978). No reversible error having been demonstrated, the
order and judgment appealed are affirmed. Affirmed.
19-CITE: 475 So.2d 1337 In re ESTATE OF Mary C. W. HAND. Alice Frances WOLF, Appellant Cross-Appellee,
v. Harry A. AHLMAN and Cristol, Mishan & Sloto, Appellees Cross-Appellants.
TEXT: REVISED OPINION DANIEL S. PEARSON, Judge. The issue in this appeal is whether Harry A.
Ahlm...he will. Even if from the attorneys standpoint the agreement is, in retrospect, improvident,
courts do not save parties from improvident agreements.
20-CITE: 465 So.2d 562 Ralph C. WILLS, Appellant, v. SNAPPER CREEK NURSING HOME, INC., Snapper Creek
Nursing & Convalescent Home, Inc., Isaac Mizrahi and Mildred Mizrahi, individually and as joint
tenants and owners of the land and building, and Chicago Insurance Company, Appellees.
TEXT: SCHWARTZ, Chief Judge. Marilyn Wills was seriously hurt in an accident at the Snapper Creek
... damages alone. (FN3) Reversed. ------------ (FN3) Any assessment must be reduced by the 50%
comparative negligence already determined by the jury.
21-CITE: 446 So.2d 1128 In re The ESTATE OF Myer G. BAER, Deceased.
TEXT: GLICKSTEIN, Judge. Here we have a testator who excluded most of his siblings in two
successi...is remanded so that the trial court may issue an order consonant with this opinion.
HURLEY, J., and OWEN, WILLIAM C., Jr., Associate Judge, concur.
22-CITE: 449 So.2d 931 Wells S. STECKEL and Anne Steckel Ratsey, Appellants, v. Emmett A. BROWN and
Joel Eugene Brown, Appellees.
TEXT: PER CURIAM. While the trial court correctly ruled that the plaintiffs-appellants had no
viab...n, 392 So.2d 971 (Fla. 3d DCA 1981). Accordingly, the judgment below is reversed and the
cause remanded for further proceedings consistent herewith.
23-CITE: 602 So.2d 665 John J. BOYLE, Appellant, v. Louise SCHMITT, etc., et al., Appellees.
TEXT: JORGENSON, Judge. John Boyle appeals from a final judgment denying recovery in an action
for...79 agreement to make a will, Blanche and James Boyle both revoked that agreement even before
Blanche Boyle individually repudiated it in June, 1988.
24-CITE: 478 So.2d 482 UNIVERSITY OF FLORIDA FOUNDATION, INC., Appellant, v. James E. MILLER, Appellee.
TEXT: ERVIN, Judge. The University of Florida Foundation, Inc., residuary beneficiary under a
will... and finding no merit as to that argument, we affirm the denial of the stay. Reversed in
part, affirmed in part. JOANOS and BARFIELD, JJ., concur.
25-CITE: 431 So.2d 647 Glen W. GILSON, II, as Personal Representative of the Estate of G. W. GILSON,
deceased, Appellant, v. John R. FOLTZ, P.A., a Florida professional corporation, John R. Foltz,
individually, and the Cincinnati Insurance Company, Appellees.
TEXT: OTT, Chief Judge. Appellant, Glen W. Gilson, II, as personal representative of his father s
...trued as precluding the adding of appropriate parties or issues on remand. REVERSED and REMANDED
for a new trial. BOARDMAN and LEHAN, JJ., Concur.
26-CITE: 639 So.2d 178 Janine BAIN, Appellant, v. Linda HILL, as personal representative of the Estate
of Raymond E. LeDuc, Appellee.
TEXT: SCHWARTZ, Chief Judge. This is an appeal from an order admitting a will to probate after an
...itnesses must sign the will in the presence of the testator and in the presence of each other.
. . . Section 732.502, Fla.Stat (1993). (FN2) Ibid.
27-CITE: 536 So.2d 263 SUN BANK MIAMI, N.A., as Personal Representative of the Estate of Lilly
Glickstein, Deceased, and Robert Grayson, et al., Appellants, v. Martha HOGARTH, Helaine Newman,
Howard Glickstein and Herbert Gladstone, Appellees.
TEXT: BASKIN, Judge. This appeal follows the entry of Final Judgment revoking probate of the will
...ly change is in the vehicle through which they take--a specific bequest under a will as opposed
to a disbursement from a pour-over trust. AFFIRMED.
28-CITE: 488 So.2d 571 Betty R. WEST, Lorraine Thomason and Hilda Delaney, Appellants, v. Margaret
FRANCIONI, as personal Representative of the Estate of Daniel J. Francioni, deceased, Appellee.
TEXT: NESBITT, Judge. While the will of testator is to be construed as an entirety and all
provisi... (FN1) Since the stock has been sold, Margaret is entitled to that portion of the proceeds
of the sale which constitute 30% of the residuary estate.
29-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.
30-CITE: 487 So.2d 1115 Bruce JOHNSTON and First Trust Company of Florida, N.A., as Personal
Representative of the Estate of Fred W. Johnston, Deceased, Appellants, v. COX-PARKER FUNERAL HOME,
INC., Appellee.
TEXT: PER CURIAM. Affirmed on the authority of Denco, Inc. v. Belk, 97 So.2d 261 (Fla.1957).
LETT...th respect to such contract, but such consent shall not be required if no claim has been
filed thereon and the time for filing claims has expired.
31-CITE: 559 So.2d 96 Mary F. HENLEY, Appellant, v. EASTERN AIRLINES, etc., et al., Appellees.
TEXT: DAUKSCH, Judge. This is an appeal from entry of a final summary judgment in favor of
appelle... 549 So.2d 798 (Fla. 5th DCA 1989); Farrar v. Arthur, 544 So.2d 1170 (Fla. 5th DCA 1989).
REVERSED and REMANDED. GOSHORN and GRIFFIN, JJ., concur.
32-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).
33-CITE: 526 So.2d 141 Carl Ray CARTER, Jr., a beneficiary of the Estate of Catherine S. Carter,
Appellant, v. David Ray CARTER and Virginia Carter, Appellees.
TEXT: NESBITT, Judge. Carl R. Carter, Jr. appeals the revocation of his mother s will on the
groun...of James amounted to undue influence. Accordingly, we reverse the final judgment below and
order the trial court to admit to probate the 1983 will.
34-CITE: 498 So.2d 1289 Winfred C. WILSON, Appellant, v. FIRST FLORIDA BANK, as Personal Representative
of the Estate of Alvin L. Cooledge, Deceased and University of Georgia, Appellees.
TEXT: GRIMES, Judge. This is an appeal from a judgment construing a will. On April 22, 1984,
Alvi...hat the residue of the estate be distributed to the University of Georgia was eminently
correct. Affirmed. DANAHY, C.J., and CAMPBELL, J., concur.
35-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.
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: 722 So.2d 288 John P. DAUGHERTY, Appellant, v. CITY OF KISSIMMEE, Appellee.
TEXT: PER CURIAM. AFFIRMED. See Kalkai v. Emergency One, 717 So.2d 626 (Fla. 5th DCA 1998);
Milano...ency One, 717 So.2d 626 (Fla. 5th DCA 1998); Milano v. Moldmaster, Inc., 703 So.2d 1093
(Fla. 4th DCA 1997). COBB, GOSHORN and HARRIS, JJ., concur.
38-CITE: 631 So.2d 1125 ESTATE OF Henrietta M. SANGENITO, Deceased. Vincent F. CATANZARO, Appellant, v.
Theodore L. MEROLLA, Appellee.
TEXT: KLEIN, Judge. The appellant was unsuccessful in establishing a lost or destroyed will, but
a... DELL, C.J. and POLEN, J., concur. NOTE: KLEIN, J., did not participate in oral argument but
has reviewed the presentation made at that proceeding.
39-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).
40-CITE: 559 So.2d 643 Lucy K. GORMAN, Personal Representative of the Estate of William Matthew
Wickham, and Lucy K. Gorman and Jerry J. Gorman, Co-Trustees Under William Matthew Wickham Revocable
Trust, Appellants, v. Mary Ellen HARRISON, Colleen Sparks, Thomas J. Porter, Lucille W. Watt and
Martha Brown, Appellees.
TEXT: PER CURIAM. Appellants, Lucy K. Gorman, Personal Representative of the Estate of William
Mat...claring the above instruments null and void, as well as nullifying the other acts performed by
Lucy Gorman under the power of attorney, is affirmed.
41-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).
42-CITE: 472 So.2d 1299 In re The ESTATE of Walter J. JONES, Deceased. Karen Carey HALL, Appellant, v.
Edwin C. JONES, as Successor Personal Representative of the Estate of Walter J. Jones, Deceased,
Appellee.
TEXT: PER CURIAM. This is an appeal from an order of ademption. The dispositive scheme of Mr.
Jon...ard to the note and deed of trust. I do not believe any different result occurs because the
note was paid in full at an early date. I would affirm.
43-CITE: 432 So.2d 135 In re ESTATE OF Saul TAPPER, Deceased.
TEXT: DELL, Judge. The guardian of Bessie Tapper, surviving spouse, appeals from an order of the
t... we reverse and remand this cause for further proceedings consistent with this opinion.
REVERSED and REMANDED. GLICKSTEIN and WALDEN, JJ., concur.
44-CITE: 611 So.2d 544 Nancy Pam SIMPSON, et al., Appellants, v. Clydia M. WILLIAMSON, et. al.,
Appellees.
TEXT: W. SHARP, Judge. Petitioners below (Simpson, Nabors and Cleveland Williamson) appeal from
th... court below. Accordingly, we reverse and remand this cause for further proceedings. REVERSED
and REMANDED. GOSHORN, C.J., and COWART, J., concur.
45-CITE: 519 So.2d 68 Betty Jo Crosby STILWELL, et al., Appellants, v. ESTATE OF W. Powe CROSBY,
Deceased, Appellee.
TEXT: ORFINGER, Judge. This appeal is from an order approving their final accounting and
dischargi...cause is remanded for further proceedings consistent herewith. REVERSED and REMANDED.
COWART, J., and UPCHURCH, F.D., Jr., Judge, Retired, concur.
46-CITE: 645 So.2d 39 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: BARFIELD, Judge. Appellants challenge the trial court s validation of decedent s will,
exclu...ight of our reversal of the final judgment. Affirmed in part, reversed in part, and
remanded for further proceedings. ALLEN and WOLF, JJ., concur.
47-CITE: 539 So.2d 27 Jane MANSON, Appellant, v. Fremont B. HAYES, Appellee.
TEXT: PER CURIAM. This is an appeal from an order refusing to admit the will of Raymond M. Hayes
t...of Olson, 181 So.2d 642, 643 (Fla.1966). Where, as the court found here, the statutory
formalities are not complied with, that assurance is missing.
48-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.
49-CITE: 513 So.2d 1120 Angela B. MIMS, Appellant, v. William Alexander MILLER and Sybel A. Husband,
Appellees.
TEXT: FRANK D. UPCHURCH, Jr., Associate Judge. This is an appeal from a nonfinal order denying a
m...986, and on March 19, filed her motion to vacate. The order denying the motion to vacate
default is reversed. FRANK, A.C.J., and HALL, J., concur.
50-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).
51-CITE: 601 So.2d 1266 Dorothy WALTON & Rodger Walton, et al., Appellants, v. The ESTATE OF Mary E.
WALTON, Deceased, et al., Appellees.
TEXT: NESBITT, Judge. We reverse an order denying a petition for the establishment of a lost or
de...e trial court denying the petition for lost or destroyed will is reversed, and the cause
remanded with directions to admit the 1985 will to probate.
52-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).
53-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.
54-CITE: 564 So.2d 555 In re The ESTATE OF Rose V. VICKERY, Deceased.
TEXT: GARRETT, Judge. This is a consolidated appeal. Appellants seek review of the dismissal of
th...ngly, we affirm the striking of appellant s probate claim and the dismissal of their breach of
contract complaint. WALDEN and GUNTHER, JJ., concur.
55-CITE: 735 So.2d 487 In re ESTATE OF Norah H. CLIBBON, Deceased. Sarah Tillman, et al., Appellants,
v. Marianne Clibbon Falconer, Appellee.
TEXT: KLEIN, Judge. Approximately ten months after the personal representative of decedent s
estat...inapplicable, only dicta and not binding on us as precedent. State ex rel. Biscayne Kennel
Club v. Bd. of Bus. Regulation, 276 So.2d 823 (Fla.1973).
56-CITE: 590 So.2d 471 In re ESTATE OF James John DICKSON, Deceased. KIM BERTOGLIO, et al., Appellants,
v. Christa Kohl DICKSON and American Cancer Society, Appellees.
TEXT: NESBITT, Judge. We reverse an order of the trial court, which admitted the last will and
tes...e and at his direction, by burning, tearing, canceling, defacing, obliterating, or destroying
it with the intent, and for the purpose of revocation.
57-CITE: 436 So.2d 441 In re ESTATE of Lila K. McGLONE, Deceased.
TEXT: DOWNEY, Judge. Lila McGlone left a Last Will and Testament dated March 20, 1970, which
conta...ons to reinstate the testamentary gifts to Glenn and Louise Ellstrom. REVERSED AND
REMANDED, with directions. BERANEK and GLICKSTEIN, JJ., concur.
58-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.
59-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.
60-CITE: 491 So.2d 287 In re ESTATE OF Clifford P. KUSZMAUL, Deceased.
TEXT: ON MOTION FOR REHEARING LETTS, Judge. The motion for rehearing is granted. The original
opi...de that the presumption was overcome and the trial judge was in error. REVERSED AND REMANDED
IN ACCORDANCE HEREWITH. DOWNEY and DELL, JJ., concur.
61-CITE: 622 So.2d 598 Shirley Neal KING, Frances Sherry Bengston, f k a Frances Sherry Clarke, and
Charlotte Claus, Appellants, v. Ola Dean T. ELLISON, a k a Oladean Tally, a k a Oladean Ellison, and
Carolyn Ellison, a k a Carolyn Curtis, Appellees.
TEXT: POLEN, Judge. Appellants bring this appeal from the trial court s final order dismissing
the...o homestead property, thus allowing the homestead property to pass by Hubert s will. Section
732.702(1), Florida Statutes (1975). This was not done.
62-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.
63-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.
64-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.
65-CITE: 453 So.2d 886 Onelia Padron LOWY, Appellant, v. Carol ROBERTS and Betty Kessler, Personal
Representative of the Estate of Robert E. Lowy, deceased, Appellees.
TEXT: SCHWARTZ, Chief Judge. Robert E. Lowy died on March 8, 1982. On March 24 of that year, a
six... 448 So.2d 1187 (Fla. 2d DCA 1984). For these reasons, the order under review is reversed and
the cause remanded for trial. Reversed and remanded.
66-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.
67-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.
68-CITE: 485 So.2d 907 Rudolph BROWD, Appellant, v. CAPITAL ASSOCIATES, INC., and Ever Clear Photo
Copy, Inc., Appellees.
TEXT: PER CURIAM. We reverse the summary judgment which is the subject of this appeal and remand
f....2d 29 (Fla.1977); and Hermes v. Anton, 300 So.2d 46 (Fla. 3d DCA 1974). Reversed and Remanded.
HERSEY, C.J., and WALDEN and GUNTHER, JJ., concur.
69-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.
70-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.
71-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.
72-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.
73-CITE: 625 So.2d 1253 George URICK, Appellant, v. Lois McFARLAND and Shirley Bartolin, as Co-Personal
Representatives of the Estate of Gans Litman, Deceased, Appellees.
TEXT: ALTENBERND, Judge. George Urick appeals a final judgment in favor of the co-personal
represe... for the judiciary. In the meantime, the members of such families would be well-advised to
prepare wills. SCHOONOVER, A.C.J., and BLUE, J., concur.
74-CITE: 439 So.2d 1016 Marion B. COLEMAN, Petitioner, Appellant, v. The ESTATE OF Howard S. COLEMAN,
Deceased, et al., Respondent, Appellee.
TEXT: JOANOS, Judge. When appellant and Howard Coleman married in 1978 they were 57 and 73 years
o... disclosure, we think the trial court did not abuse its discretion in denying leave to amend.
AFFIRMED. LARRY G. SMITH and WENTWORTH, JJ., concur.
75-CITE: 609 So.2d 623 In re ESTATE OF Margaret WALKER.
TEXT: ON MOTION FOR REARING EN BANC STONE, Judge. By our initial opinion in this case, the court
...a. 4th DCA 1988). As a result, I would reverse the final judgment and remand the case with
instructions that judgment be entered for the appellants.
76-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.
77-CITE: 448 So.2d 1187 In re The ESTATE OF Herman H. KILLINGER a k a H. Harold Killinger, Deceased.
TEXT: LEHAN, Judge. The beneficiary under decedent s newly-discovered will appeals the trial
court...od for presenting a newly-discovered will to end with the discharge of the personal
representative. AFFIRMED. OTT, C.J., and CAMPBELL, J., concur.
78-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.
79-CITE: 557 So.2d 922 Helen Anne CAMMARATA, Appellant, v. Sally Mae BECHHOLD and Louis E. Roeder,
Individually and as Personal Representatives of the Estate of Rose A. Holt, Appellees.
TEXT: RYDER, Judge. Helen Anne Cammarata challenges the trial court s order granting appellees
mot...be true, she should be accorded relief. Reversed and remanded for further proceedings
consistent herewith. CAMPBELL, C.J., and PARKER, J., concur.
80-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.
81-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.
82-CITE: 581 So.2d 258 William ULPIERRE, Appellant, v. The STATE of Florida, Appellee.
TEXT: PER CURIAM. The state concedes that the trial court erred in failing to resolve any
discrepa... and remand for resentencing pursuant to the correct sentencing guideline scoresheet.
The sentence is vacated and remanded for further proceedings.
83-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.
84-CITE: 492 So.2d 395 In re ESTATE OF Ruth LANE, Deceased.
TEXT: DELL, Judge. This appeal arises out of a final order which admitted a republished will to
pr...ation instituted by appellant. Accordingly, we affirm the trial court s final judgment in all
respects. AFFIRMED. ANSTEAD and WALDEN, JJ., concur.
85-CITE: 545 So.2d 460 Mary RUSSO, William T. Mayo and Ora Bell E. Meadows, Appellants, v. William
ROSS, as Personal Representative of the Estate of Edna Fine, et al., Appellees.
TEXT: PER CURIAM. This is an appeal from an order granting a defense motion for a summary
judgment...s case. The order under review is, therefore, reversed and the cause is remanded to the
trial court for further proceedings. Reversed and remanded.
86-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.
87-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.
88-CITE: 581 So.2d 632 Daniel J. STADLER and Tracey Wills Stadler, his wife, Appellants, v. FORD WERKE
AG, a foreign corporation, Heiser Lincoln-Mercury, Inc., a foreign corporation, Ford Motor Co., a
foreign corporation, Jeffrey Kirsch, as Personal Representative of the Estate of Brian S. Richards,
deceased, the Richards Automobile Co., Inc., a domestic corporation, and National Union Fire
Insurance Company of Pittsburgh, PA., a foreign corporation, Appellees.
TEXT: PER CURIAM. This is an appeal from an order transferring the underlying action to Martin
Cou...Florida Statutes (1989). Hu v. Crockett, 426 So.2d 1275 (Fla. 1st DCA 1983). REVERSED AND
REMANDED. HERSEY, C.J., and LETTS and DELL, JJ., concur.
89-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.
90-CITE: 627 So.2d 613 Regla FLORES-HORTON, Appellant, v. C.B. INSTITUTIONAL FUND VI, LTD., a
California limited partnership and Farbman Stein Management of Florida, Inc., a Michigan
corporation, Appellees.
TEXT: PER CURIAM. REVERSED. We reverse the summary judgment entered in this premises liability
cas...f the landlord and tenant for the condition alleged to have been unsafe and the cause of
appellant s injury. ANSTEAD, STONE and POLEN, JJ., concur.
91-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.
92-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.
93-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).
94-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.
95-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.
96-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.
97-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.
98-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.
99-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.
100-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.
101-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.
102-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.
103-CITE: 567 So.2d 561 Barbara WALTER, Appellant, v. LONE STAR LIFE INSURANCE COMPANY, Appellee.
TEXT: PER CURIAM. Appellant, Barbara Walter, seeks reversal of a final summary judgment entered
in... & Co., 351 So.2d 29 (Fla.1977); Holl v. Talcott, 191 So.2d 40 (Fla.1966). REVERSED and
REMANDED. HERSEY, C.J., and DELL and GUNTHER, JJ., concur.
104-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.
105-CITE: 594 So.2d 309 In re the ESTATE OF Alexander TOLIN.
TEXT: PER CURIAM. We reverse an order revoking the probate of a codicil to a will. The order also
... REVOKE THE CODICIL? ANSTEAD and GUNTHER, JJ., concur. STONE, J., dissents as to certification
but concurs in denial of all post-decision motions.
106-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.
107-CITE: 708 So.2d 602 AMERICAN RED CROSS, United Way, Rutherford H. Spessard, Jr., The Salvation Army,
John D. Barker, James T. Barker, Sr., Frances V. Lawrence, James N. Barker, Jr., Pamela B. Gordon,
(the Barker Group ), and Mary Gallagher, Beneficiaries, Appellants, v. In re ESTATE OF John Anderson
HAYNSWORTH, Jr., Deceased, Appellee.
TEXT: LEVY, Judge. Three charitable organizations and several relatives who are the beneficiaries
...e. Any part of the will is void if so procured, but the remainder of the will not so procured
shall be valid if it is not invalid for other reasons.
108-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.
109-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).
110-CITE: 608 So.2d 937 Laura JOHNSON, as Personal Representative of the Estate of Jason Johnson,
Deceased, Appellant, v. HOWARD MARK PRODUCTIONS, INC., a Florida corporation, Appellee.
TEXT: ALTENBERND, Judge. Laura Johnson, as personal representative of the estate of Jason
Johnson,...sed, and the case remanded for further proceedings consistent with this opinion.
Reversed and remanded. FRANK, A.C.J., and THREADGILL, J., concur.
111-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.
112-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.
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: 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.
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: 474 So.2d 857 Ira S. SILVER, as Personal Representative of the Estate of Michele R. Anguilano,
Appellant, v. Edna SCHROEDER, Personal Representative of the Estate of Frederick O. Scheske,
Appellee.
TEXT: FERGUSON, Judge. This appeal is brought by petitioner, Ira S. Silver, as successor personal
...s wife, and (2) the testator s intent to make a bequest to his wife only in the event that his
estate would obtain the estate tax marital deduction.
122-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).
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: 714 So.2d 655 John KERNKAMP, as personal representative, etc., Appellant, v. Lydia Barbara
BOLTHOUSE, Appellee.
TEXT: W. SHARP, Judge. John Kernkamp, the personal representative of his mother s estate, appeals
... consideration of extrinsic evidence to detennine the testator s intent). REVERSED and REMANDED.
COBB, J., and ORFINGER, M., Senior Judge, concur.
125-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.
126-CITE: 656 So.2d 460 Mary Ann VIA, etc., et al., Petitioners, v. Mary Rachel PUTNAM, Respondent.
TEXT: OVERTON, Justice. We have for review Putnam v. Via, 638 So.2d 981 (Fla. 2d DCA 1994). This
c...hnson to the extent that it conflicts with this opinion. It is so ordered. GRIMES, C.J., and
SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
127-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.
128-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.
129-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.
130-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.
131-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.
132-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.
133-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.
134-CITE: 524 So.2d 464 John London ARNOLD, Appellant, v. Shirley CARMICHAEL and Margaret Frankenberg,
Appellees.
TEXT: ON MOTION FOR REHEARING WENTWORTH, Judge. Upon consideration of appellant s motion for
rehe...s accordingly reversed and the cause remanded for recomputation of appellees damages.
ZEHMER, J., and HALL, J. LEWIS, Jr., Associate Judge, concur.
135-CITE: 450 So.2d 351 Charles NORMAN, Appellant, v. Anna O. KADEL, Vernon Anthony Kadel, Allstate
Insurance Company and Grocery Warehouse II, Inc., Appellees.
TEXT: PER CURIAM. The trial court entered summary judgment in favor of appellee Grocery Warehouse
... summary judgment and remand for further proceedings. Wills v. Sears, Roebuck & Co., 351 So.2d 29
(Fla.1977). HERSEY, HURLEY and DELL, JJ., concur.
136-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.
137-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.
138-CITE: 433 So.2d 1030 JANIS DEVELOPMENT CORP., Appellant, v. Michael J. HOLLAND, et al., Appellees.
TEXT: PER CURIAM. We reverse the summary final judgment of foreclosure entered in this case
becaus...tion, 328 So.2d 448, 449 (Fla. 1st DCA), cert. denied, 341 So.2d 1086 (Fla.1976). REVERSED
AND REMANDED. GLICKSTEIN, HURLEY and DELL, 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: 544 So.2d 1079 Christina M. FISCHER, n k a Christina M. Price, Appellant, v. Michael L.
FISCHER, and Everett Reihing and Leota Reihing, Appellees.
TEXT: FRANK, Judge. The narrow issue presented for our consideration in this dissolution matter
is... insoluble problems. Shuler at p. 590. We reverse and vacate the trial court s order granting
intervention. RYDER, A.C.J., and PARKER, J., concur.
141-CITE: 565 So.2d 917 HOLD & HOOKER, INC., Appellant Cross-Appellee, v. BARCELONA WEST INVESTORS,
LTD., et al., Appellees Cross-Appellants.
TEXT: PER CURIAM. This is an appeal from an order granting the appellee a new trial and a
cross-ap...he new trial is moot. The order granting a new trial is quashed and the judgment is
reversed. REVERSED. DAUKSCH, COWART and GRIFFIN, JJ., concur.
142-CITE: 549 So.2d 719 Luie HOLLAND and Joann Holland, husband and wife, Appellants, v. GOLDCO, INC.,
an Alabama corporation, Appellee.
TEXT: PER CURIAM. Appellants, the plaintiffs in a personal injury suit arising out of a slip and
f...e wet condition of the restaurant floor. Wills v. Sears, Roebuck & Co., 351 So.2d 29 (Fla.1977).
REVERSED. SMITH, THOMPSON and MINER, JJ., concur.
143-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.
144-CITE: 565 So.2d 870 Lloyd FREEMAN, Appellant, v. FLEET SUPPLY, INC., Appellee.
TEXT: MINER, Judge. Appellant, Lloyd Freeman, appeals from a summary judgment which was entered
in...2d 666, 668 (Fla.1985). Accordingly, summary judgment is reversed and the cause remanded.
REVERSED and REMANDED. WIGGINTON and ALLEN, JJ., concur.
145-CITE: 580 So.2d 801 The CELOTEX CORPORATION, Appellant, v. Louis COLON and Jeannette Colon,
Appellees.
TEXT: PER CURIAM. Affirmed. White Constr. Co., Inc. v. Dupont, 455 So.2d 1026 (Fla.1984); Binger
v...s v. Snapper Creek Nursing Home, Inc., 465 So.2d 562 (Fla. 3d DCA), review denied, 476 So.2d 675
(Fla.1985); Section 90.804(2)(a), Fla.Stat. (1989).
146-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).
147-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.
148-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).
149-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.
150-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.
151-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.
152-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.
153-CITE: 638 So.2d 981 Mary Rachel PUTNAM, Appellant, v. Mary Ann VIA, as Personal Representative of
the Estate of Edgar R. Putnam, deceased, Mary Ann Via, individually, Paul David Putnam, Joseph Edgar
Putnam, Richard Lee Putnam, Ronald Roy Putnam, and Robert Blackburn, Appellees.
TEXT: DANAHY, Judge. In this case on the one hand there is a surviving spouse who has been
declare...ding here conflicts with the rule applied in Johnson v. Girtman. Reversed and remanded
with directions. RYDER, A.C.J., and ALTENBERND, J., concur.
154-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.
155-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.
156-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.
157-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.
158-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.
159-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.
160-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.
161-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.
162-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.
163-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.
164-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.
165-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.
166-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.
167-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.
168-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.
169-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.
170-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).
171-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.
172-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).
173-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.
174-CITE: 561 So.2d 439 Sara Jane PAREDES, etc., Appellant Cross Appellee, v. Mabel B. McLUCAS, Appellee
Cross Appellant.
TEXT: PETERSON, Judge. Sara Jane Paredes, as personal representative of the Estate of Ben F.
McLuc...hich is available for distribution. The order determining the amount of the elective share
is affirmed. AFFIRMED. COWART and HARRIS, JJ., concur.
175-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.
176-CITE: 439 So.2d 977 In re The Estate of Helena HATCHER, deceased. Barbara MESSER, Personal
Representative of the Estate of Helena Hatcher, deceased, Appellant, v. William L. DODD, Jr.,
Lillian Dodd and Leo Catsonis, Appellees.
TEXT: HENDRY, Judge. This cause comes before the court following hearings by the trial court
osten...s harmless error. Since there were independent witnesses also testifying as to the same
events, his testimony could be considered merely cumulative.
177-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.
178-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.
179-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.
180-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.
181-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).
182-CITE: 537 So.2d 1056 Daniel BARFIELD, Appellant, v. Galena SCHMON and Robert Curl, as personal
representatives of the Estate of Robert Schmon, Deceased, Appellees.
TEXT: HERSEY, Chief Judge. In this action brought under Florida s Wrongful Death Act, sections
768... duly authenticated documents as may serve a similar function in the issuing jurisdiction.
AFFIRMED AND REMANDED. WALDEN and GUNTHER, JJ., concur.
183-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.
184-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.
185-CITE: 483 So.2d 889 Harry A. AHLMAN, Appellant, v. Alice Francis WOLF, Appellee.
TEXT: BASKIN, Judge. This appeal follows the entry of a Final Judgment invalidating the will and
c...N*) Our dispostion of this case renders it unnecessary to reach the issue of Mrs. Hand s
testamentary capacity at the time the codicil was executed.
186-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).
187-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.
188-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).
189-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.
190-CITE: 520 So.2d 76 Dorothy ELSON, Appellant, v. Amanda VARGAS, as Personal Representative of the
Estate of Paula Oliver, deceased, Appellee.
TEXT: PER CURIAM. Dorothy Elson, sister-in-law of the deceased, Paula Oliver, appeals from an
orde...on. Marshall, 392 So.2d at 251; Delgado v. Strong, 360 So.2d 73, 75 (Fla.1978).
Consequently, we affirm the trial judge s order upholding the will.
191-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).
192-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).
193-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.
194-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.
195-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.
196-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.
197-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.
198-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.
199-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.
200-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).
201-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).
202-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.
203-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.
204-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.
205-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.
206-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.
207-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.
208-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.
209-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.
210-CITE: 547 So.2d 996 BARNETT BANK OF PALM BEACH COUNTY, Appellant, v. Manley H. THALER, Leo
Greenfield, and Florida Realty & Diversified Investment Corp., a Florida corporation, Appellees.
TEXT: PER CURIAM. The summary judgment in favor of the defendant is reversed. Wills v. Sears,
Roeb...7 the agreement, particularly as to the validity of the certificate of occupancy. DELL,
STONE, JJ., and FRANK, RICHARD H., Associate Judge, concur.
211-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.
212-CITE: 553 So.2d 192 Dorothy M. CLIFTON, Appellant, v. Lonnie R. CLIFTON, Sr., et ux., et al.,
Appellees.
TEXT: SHARP, Judge. Dorothy Clifton appeals from a final judgment after a trial, which determined
...pped, we reverse and remand this cause for entry of a judgment consistent with this opinion.
REVERSED and REMANDED. DAUKSCH and COBB, JJ., concur.
213-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.
214-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).
215-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.
216-CITE: 636 So.2d 110 Roy J. SCHNEIDER, Jr., Appellant, v. Linda Onett SHINN and Michael Onett,
Appellees.
TEXT: PER CURIAM. Following our decision in Shinn v. Schneider, 549 So.2d 194 (Fla. 3d DCA 1989),
...gainst Roy J. Schneider, Jr. of $135,000 payable to the remaining residuary devisees under the
deceased s will. Affirmed in part; reversed in part.
217-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.
218-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.
219-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.
220-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.
221-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.
222-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.
223-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.
224-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.
225-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).
226-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.
227-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.
228-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.
229-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.
230-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.
231-CITE: 526 So.2d 157 Jeanne MARTIN and S. Ray Rotenberger, Appellants, v. James NEMEC, Appellee.
TEXT: PER CURIAM. Appellants, the beneficiaries under their father s will, brought suit against
ap...Conran v. Young, 458 So.2d 870 (Fla. 4th DCA 1984). REVERSED and REMANDED for further
proceedings. HERSEY, C.J., and DELL and WALDEN, JJ., concur.
232-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.
233-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.
234-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.
235-CITE: 575 So.2d 239 Ben S. CARLTON and Winston C. Carlton, Appellants, v. Barbara B. CARLTON and
Charles R. Baumann, Co-Personal Representatives of the Estate of T. Mabry Carlton, Jr., Deceased,
Appellees.
TEXT: CAMPBELL, Acting Chief Judge. In this appeal, appellants, Ben S. Carlton and Winston C.
Carl... now maintainable. We, therefore, reverse and remand for future proceedings below consistent
with this opinion. FRANK and THREADGILL, JJ., concur.
236-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.
237-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.
238-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).
239-CITE: 509 So.2d 1298 Johnny AIELLO, d b a Sugar Shack Lounge, and Chubb Group of Insurance
Companies, Appellants, v. James F. WILLS, Division of Workers Compensation Appellees Cross
Appellants, v. PIER EIGHT LIQUORS, INC., and American Casualty Company, Cross Appellee.
TEXT: MILLS, Judge. There is competent substantial evidence in the record supporting the deputy
co...We therefore find no merit in the issue raised on appeal. The issue raised on cross appeal is
moot. AFFIRMED. WENTWORTH and BARFIELD, JJ., concur.
240-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.
241-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.
242-CITE: 552 So.2d 964 Robert LANGFORD, Appellant, v. Curtis McCORMICK, as Personal Representative of
the Estate of Anava L. McCormick, deceased, Appellee.
TEXT: PER CURIAM. Robert Langford appeals a final judgment denying his petition for revocation of
... probate of the March will and to admit the September will to probate. REVERSED AND REMANDED.
SHIVERS, C.J., and THOMPSON and ZEHMER, JJ., concur.
243-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.
244-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.
245-