Phrase search :probate
Results 1-814
1-CITE: 496 So.2d 942 In re ESTATE OF Louise DELISIO, Deceased.
TEXT: PER CURIAM. We affirm the trial court s order admitting the will to probate but sua sponte
s...the will to probate but sua sponte strike from the form order, and no objection being made to
its probate. GLICKSTEIN, DELL and STONE, JJ., concur.
2-CITE: 575 So.2d 765 Richard ALEXANDER, Appellant, v. SEAQUEST INCORPORATED, etc., et al., Appellees.
TEXT: PER CURIAM. ON REHEARING We grant appellant s motion for rehearing and substitute
following...t and even if the probate judge had known of the jury s verdict he would have made the
same apportionment because the verdict was clearly erroneous.
3-CITE: 732 So.2d 337 Jerome C. KOS, Appellant, v. Adrienne K. ABRISCH, Personal Representative of
Estate of Sophie B. Kos, Appellee.
TEXT: JOANOS, Judge. Appellant, Jerome C. Kos, appeals the rulings in three probate orders. We
dis...egard, due to the deficiencies in the pleadings. Accordingly, this appeal is dismissed.
ERVIN, J., and SHIVERS, DOUGLASS B., Senior Judge, concur.
4-CITE: 692 So.2d 956 Donald I. REHMAN, Appellant, v. ESTATE OF George L. FRYE, Jr., etc., Appellee.
TEXT: W. SHARP, Judge. Rehman, a claimant in a probate proceeding, appeals from a probate court s
... and thus it is denied. Appeal DISMISSED; Motion to Review probate Court s Denial of Stay
Pending Review DENIED. DAUKSCH and GOSHORN, JJ., concur.
5-CITE: 639 So.2d 625 In re ESTATE OF Rose Meyers COCHRAN, a k a Rose M. Cochran.
TEXT: WOLF, Judge. We review a final order in which the trial judge granted a motion to dismiss
an...he petition are true and all reasonable inferences are to be drawn in favor of the nonmovant.
Abruzzo v. Haller, 603 So.2d 1338 (Fla. 1st DCA 1992).
6-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.
7-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.
8-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.
9-CITE: 576 So.2d 862 Glenda NAHAR, etc., et al., Appellants, v. Orol Mildred Jap-A-Joe NAHAR, et al.,
Appellees.
TEXT: PER CURIAM. The issue raised on appeal is whether a probate court may order that the costs
o...termination as to whether these funds are or are not subject to probate. Likewise, they should
not be used to pay administration costs at this time.
10-CITE: 550 So.2d 560 In re ESTATE OF Ruth H. DOYLE, Deceased. James S. DOYLE, Appellant, v. NCNB
NATIONAL BANK, as Personal Representative of the Estate of Ruth H. Doyle, Deceased, Appellee.
TEXT: PER CURIAM. Appellant challenges an order entered on his objection to the petition for
disch... those fees at this time. That issue may also be presented again on any further appeal.
Affirmed. CAMPBELL, C.J., and LEHAN and HALL, JJ., concur.
11-CITE: 716 So.2d 335 In re Estate of Mabel L. SMITH, Deceased. Ruth RANFRANZ, Appellant
Cross-Appellee, v. Dorothy June HANN, Appellee Cross-Appellant.
TEXT: PER CURIAM. This appeal arises out of a will contest in which the trial court entered a
part...mmary judgment and remand for further proceedings. Reversed and remanded for further
proceedings. PARKER, C.J., and FULMER and GREEN, JJ., concur.
12-CITE: 701 So.2d 649 Thomas Edwards PEARSON and Carolyn Rhodes, Appellants, v. Diane Klippstein COBB
and Elizabeth Klippstein Hanna, Appellees.
TEXT: ON MOTION TO DISMISS ANTOON, Judge. This matter comes to us on appellees motion to dismiss
...Accordingly, the appellees motion to dismiss this appeal for lack of jurisdiction is denied.
MOTION DENIED. GRIFFIN, C.J., and HARRIS, J., concur.
13-CITE: 460 So.2d 906 THE FLORIDA BAR RE EMERGENCY AMENDMENTS TO FLORIDA RULES OF PROBATE AND
GUARDIANSHIP PROCEDURE.
TEXT: PER CURIAM. We recently approved numerous changes to the rules of probate and guardianship
p...nd guardianship rules merely to insert these changes. It is so ordered. ADKINS, Acting C.J.,
and OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.
14-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.
15-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.
16-CITE: 712 So.2d 479 Marcia SWARTZ, Appellant, v. Sandra E. Barry LIEBERMAN, Appellee.
TEXT: ORDER DISMISSING APPEAL PER CURIAM. This is an appeal from an order determining
entitlement...1997). We therefore *480 dismiss the appeal without prejudice to appeal the final
order determining amount. KLEIN, SHAHOOD and TAYLOR, JJ., concur.
17-CITE: 475 So.2d 1358 Gary D. HUNT, Appellant, v. The ESTATE OF Jack R. HUNT, Deceased, Appellee.
TEXT: COWART, Judge. This case involves the time within which an interested person must file a
pet... petition to revoke probate is reversed and the cause is remanded for further proceedings.
REVERSED AND REMANDED. UPCHURCH and SHARP, JJ., concur.
18-CITE: 710 So.2d 221 Mavis McKEE, Appellant, v. L. Michael OSMAN, Appellee.
TEXT: PER CURIAM. An intervening party in the probate proceeding below appeals from the lower
cour...hether Attorney Osman violated the terms of the order, so as to cause him to be guilty of
contempt of court. Reversed and remanded with directions.
19-CITE: 433 So.2d 681 In re The ESTATE OF Isaiah H. GRANT, etc. Janet Grant WILLIAMS, Appellant, v.
Jehu A. IRICK, as Personal Representative of the Estate of Isaiah H. Grant, Deceased, Appellee.
TEXT: COWART, Judge. Appellant filed a 1977 will of a decedent and petitioned for revocation of
pr...rocedure 1.100(a) and H. Trawick, Florida Practice and Procedure Section 11-6 (1982). REVERSED
AND REMANDED. ORFINGER, C.J., and COBB, J., concur.
20-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.
21-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.
22-CITE: 614 So.2d 655 John WALKER, Appellant, v. John NOLKE, etc., Appellee.
TEXT: GOSHORN, Chief Judge. John Walker appeals from the final order dismissing his case with
prej...ularly where, as here, the opposing party and the trial judge also made the same error.
REVERSED and REMANDED. DAUKSCH and DIAMANTIS, JJ., concur.
23-CITE: 603 So.2d 35 Thomas J. SIRECI, Jr., Personal Representative of the Estate of Donald M. Sparks,
Petitioner Appellant, v. Charles J. DEAL, Respondent Appellee.
TEXT: GODERICH, Judge. Thomas J. Sireci, Jr., the personal representative of the estate of Donald
...The probate court s order granting the extension was within the probate court s discretion. The
probate court s order is hereby affirmed. Affirmed.
24-CITE: 605 So.2d 1030 In re The ESTATE of Anne Joffre White, Deceased.
TEXT: PER CURIAM. Affirmed. The trial court did not err by striking the appellants notice of
obje...ck, 552 So.2d 964 (Fla. 1st DCA 1989), rev. denied, 562 So.2d 346 (Fla.1990). ANSTEAD,
STONE, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.
25-CITE: 528 So.2d 487 PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellant, v. Robin TURKAL, et al.,
Appellees.
TEXT: PER CURIAM. Appellant Prudential Insurance Company of America [Prudential] challenges the
tr...use Prudential was neither a party to the probate action nor in privity with any party,
collateral estoppel is inapplicable in this case. Reversed.
26-CITE: 507 So.2d 721 Harold BLITS, Appellant, v. Hannah BLITS, as Personal Representative of the
Estate of Juda Blits, deceased, Appellee.
TEXT: PER CURIAM. Because disputed issues of material fact remain unresolved, we reverse the
proba...Harold or the corporation wrongfully acquired or possesses it. Accordingly, we reverse and
remand for a trial on the issues raised by the pleadings.
27-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.
28-CITE: 700 So.2d 807 Karen NEWELL, Petitioner, v. Edward R. KIRKLAND, Respondent.
TEXT: GRIFFIN, Chief Judge. The petition for writ of prohibition is denied as legally
insufficient...ght this matter to the attention of the lower court by a motion to disqualify.
DENIED. GOSHORN, J., concurs. DAUKSCH, J., concurs in result only.
29-CITE: 478 So.2d 118 William C. ALLEN, II, Mariana Allen, Joanna Milliken Allen and Mary S. Allen,
Appellants, v. George H. GORE, Nancy F. Lundy, and Richard F. Nelson, Appellees.
TEXT: PER CURIAM. We reverse and remand the final summary judgment for further proceedings on the
...rd, whether the appellants had an adequate remedy in the probate court. ANSTEAD, C.J., WALDEN,
J., and CARLISLE, JAMES T., Associate Judge, concur.
30-CITE: 510 So.2d 373 Paul Leonard BARRON, Appellant, v. The ESTATE OF Paul L. BARRON, Appellee.
TEXT: RYDER, Judge. Appellant, Paul Barron, appeals from the trial court s denial of his petition
...above. Accordingly, *374 we affirm based on the above construction of the trial court s order.
Affirmed. SCHEB, A.C.J. and SCHOONOVER, J., concur.
31-CITE: 503 So.2d 459 FIRST FLORIDA BANK, N.A., (formerly Lee County Bank) and Mary Jo Cunningham,
Petitioners, v. The Honorable Robert T. SHAFER, Circuit Judge, Twentieth Judicial Circuit,
Respondent.
TEXT: PER CURIAM. First Florida Bank, as former personal representative of the estate of Theresa
W...hether Portman-Laux s allegations of extrinsic fraud are sufficient to sustain such an action.
SCHEB, A.C.J., and SCHOONOVER and HALL, JJ., concur.
32-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.
33-CITE: 466 So.2d 1221 In re The ESTATE OF Henry EISENBERG, Deceased.
TEXT: HURLEY, Judge. The probate court entered an order which it later construed to conflict with
...ed approved 30 days from the date of service of the interim accounting on interested persons,
unless an objection is filed as provided in the rules.
34-CITE: 506 So.2d 465 Vida GRIMES, et al., Appellants, v. The ESTATE OF Edith STEWART, Deceased,
Appellee.
TEXT: SHARP, Judge. Grimes appeals from a judgment by the probate court which dismissed her
object...v. Davis, 133 So.2d 432 (Fla. 3rd DCA 1961). (FN6) In re Ziy s Estate, 223 So.2d 42
(Fla.1969); Skelton v. Davis, 133 So.2d 432 (Fla. 3rd DCA 1961).
35-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.
36-CITE: 697 So.2d 157 In re ESTATE OF Margaret K. PAVLICK, Deceased. John PAVLICK, Appellant, v.
George PAVLICK, Appellee.
TEXT: WHITTEMORE, Associate Judge. John Pavlick (personal representative) appeals the trial court
...e statutory period began. The personal representative does not suggest that the early filing
impaired his ability to answer Mr. Pavlick s objection.
37-CITE: 555 So.2d 1217 In re ESTATE OF Joseph A. UZZO, Deceased.
TEXT: POLEN, Judge. This appeal was consolidated with the pending appeal styled Peter Hiles and
Au...d and her claim reinstated. Accordingly, we reverse and remand for further proceedings
consistent with this opinion. DOWNEY and DELL, JJ., concur.
38-CITE: 476 So.2d 793 Lonnie Jackson TANNER, et. al., Appellants, v. ESTATE of Jackson B. TANNER,
Appellee.
TEXT: SMITH, Judge. Appellants appeal final orders entered by the circuit court granting appellee
...and remand this cause for further proceedings consistent with this opinion. REVERSED AND
REMANDED with directions. MILLS and THOMPSON, JJ. concur.
39-CITE: 506 So.2d 1101 In re ESTATE OF Jacob KANEVSKY, Deceased. Paul Kay, Appellant, v. Perry Carl
SWARTZ, Appellee.
TEXT: PER CURIAM. Jacob Kanevsky died intestate. Paul Kay, the nephew of Jacob, appeals from an
or... does not preclude him from inheriting by intestacy from his deceased mother s family,
including the decedent Jacob Kanevsky. We agree. Affirmed.
40-CITE: 645 So.2d 1082 In re ESTATE OF Eugene T. BARTKOWIAK, Deceased. Genevieve PTAK, as personal
representative of Estate, Appellant, v. SUN BANK, N.A., Appellee.
TEXT: PER CURIAM. Eugene Bartkowiak died September 14, 1989. His sister, Genevieve Ptak, was
appoi...estate and regardless of whether Ms. Ptak had an alleged responsibility to notify judgment
creditors of record. The order under review is reversed.
41-CITE: 732 So.2d 1206 In re ESTATE OF Amos G. HULS, Deceased. Amy Israel, Cameron Vance, and Jamie
Vance, Appellants, v. Jeffrey Flenser, individually and as Trustee, June M. Huls, individually and
as Personal Representative, and United Companies Life Insurance Company, Appellees.
TEXT: THREADGILL, Judge. In this probate action, the appellants, the grandchildren of Amos G.
Huls...e relief). We therefore reverse and remand this cause for further proceedings. Reversed and
remanded. CAMPBELL, A.C.J., and CASANUEVA, J., Concur.
42-CITE: 516 So.2d 1062 FIRST FLORIDA LEASING, INC., Appellant, v. James Michael WATSON, as Personal
Representative of the Estate of Michael Corso, deceased, Appellee.
TEXT: AMENDED OPINION PER CURIAM. These consolidated appeals emanate from separate orders
entered...er review, it quite properly relied upon Golden v. Atlantic Nat l. Bank, 481 So.2d 16
(Fla. 1st DCA 1985), review denied, 492 So.2d 1332 (Fla.1986).
43-CITE: 462 So.2d 508 Sandor KERESZTI, Appellant, v. Ricks R. BISHOP, Personal Representative of the
Estate of Mary Blenz; Ernest A. Roth, and the Spiritualist Church of America, Appellees.
TEXT: PER CURIAM. This is an appeal from a subsequently amended final order dismissing with
prejud...he amended final order under review is therefore reversed and the cause remanded to the
trial court for further proceedings. Reversed and remanded.
44-CITE: 705 So.2d 967 Mary Ann MELTZER, Trustee, Appellant, v. ESTATE OF Allan S. NORRIE, etc.,
Appellees.
TEXT: GRIFFIN, Chief Judge. Appellant seeks review of an order of the circuit court, probate
divis...eclude the appellant from filing such an action to obtain an adjudication of her rights in
the property. AFFIRMED. HARRIS and ANTOON, JJ., concur.
45-CITE: 528 So.2d 1316 In re ESTATE of Delma Aeh BLACK. Robert F. BLACK, as personal representative,
Appellant, v. Ronnie David EATON, Appellee.
TEXT: SCHEB, Judge. Appellant Black challenges the trial court s nonfinal order that it had
jurisd...er through use of the probate rules formal notice was also ineffective. Affirmed in part;
reversed in part. CAMPBELL, C.J., and LEHAN, J., concur.
46-CITE: 649 So.2d 336 Stella WISE and Martin Goldman, Appellants, v. Ian SCHMIDEK, Appellee.
TEXT: PER CURIAM. Appellants appeal the entry of an ex parte, temporary injunction freezing
certai...re us, we do not find that the trial court abused its discretion in granting the temporary
injunction on an ex parte basis. Accordingly, we affirm.
47-CITE: 489 So.2d 1204 Lisa Ann CUSHING, Douglas Wayne Cushing, and Carol Ann Clifford, Appellants
Cross-Appellees, v. The ESTATE OF Robert C. REYNOLDS, Appellee Cross-Appellant. BEDZOW AND KORN,
P.A., former counsel for Carol Ann Clifford, the designated personal representative under the Last
Will and Testament of the Decedent, Robert C. Reynolds, Appellant, v. The ESTATE OF Robert C.
REYNOLDS, Appellee.
TEXT: PER CURIAM. These consolidated appeals are from orders of the probate court which (1)
denied...half of the personal representative, the result would be different. The record contains no
explanation why these attorneys filed their own petition.
48-CITE: 699 So.2d 301 In re ESTATE OF Marjorie PARIS, a k a Marjorie White Paris. Carl E. LINDENMAYER,
Sr., Appellant, v. Kathryn M. HARPER, Appellee.
TEXT: PARKER, Chief Judge. Carl E. Lindenmayer, personal representative of the estate of Marjorie
...to grant the petition and to determine from which part of the estate the fees should be paid.
Reversed and remanded. DANAHY and BLUE, JJ., concur.
49-CITE: 475 So.2d 1334 STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant,
v. Essie Mae ROSE, for the Estate of Bee Johnson, Appellee.
TEXT: GRIMES, Acting Chief Judge. The Department of Health and Rehabilitative Services appeals
fro...laim in that case was not one which was specifically discharged by the statute under which it
was created. AFFIRMED. LEHAN and FRANK, JJ., concur.
50-CITE: 450 So.2d 1256 In re the ESTATE OF Torkild L. STERNER, Deceased.
TEXT: DELL, Judge. Virginia K. Sullivan, beneficiary of a life tenancy under the will of Torkild
L... telephone. Such lien shall become enforceable upon termination of the life tenancy. REVERSED
and REMANDED. ANSTEAD, C.J., and DOWNEY, J., concur.
51-CITE: 570 So.2d 356 Lucy MANGASARIAN, Appellant, v. Gladys MERCURIO, as Personal Representative of
the Estate of Virginia Gabriel, Deceased, Appellee.
TEXT: PER CURIAM. The appellant, one-fifth beneficiary of her late sister s estate, filed a
petiti...acticable, shall be conducted similar to suits of a civil nature and the Florida Rules of
Civil Procedure shall govern, including entry of defaults.
52-CITE: 506 So.2d 1142 Guion T. DE LOACH, Appellant, v. Carl E. WESTMAN, Interim Personal
Representative of the Estate of Margaret H. Benson, Deceased, Appellee.
TEXT: PER CURIAM. In this probate matter on attorney appeals from the order awarding the attorney
...therefore remand only for the entry of an order containing the findings required by Rowe. LEHAN,
A.C.J., and SANDERLIN and THREADGILL, JJ., concur.
53-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.
54-CITE: 741 So.2d 587 AMERICAN AIRLINES, INC., Appellant, v. Rodrigo MONTERO, individually and as
Personal Representative of the Estate of Gilberto Restrepo, Appellee.
TEXT: PER CURIAM. American Airlines, Inc. appeals from orders appointing a personal
representative...minary step in a probate proceeding) such that the time bar would apply to Mr.
Montero s petition to be appointed successor personal representative.
55-CITE: 501 So.2d 68 In re Estate of Clara KATZ deceased, Rhonda FRIEDMAN, Appellant, v. Evelyn COHAN
and Edward J. Kass, Appellees.
TEXT: PER CURIAM. Two questions are presented in these consolidated appeals from orders of the
Pro...v. Conger, 414 So.2d 230 (Fla. 3d DCA 1982). Affirmed in part, reversed in part, and remanded
for further proceedings consistent with this opinion.
56-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.
57-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.
58-CITE: 567 So.2d 1015 Gary COHEN and Gerri Cohen Helfman, Appellants, v. Joyce COHEN, Appellee.
TEXT: LEVY, Judge. Stanley Cohen, the testator, was murdered in March of 1986. His Will was
entere... the result because the trial court has delayed distribution of the estate pending the
outcome of Joyce Cohen s appeal from her criminal conviction.
59-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.
60-CITE: 518 So.2d 471 In re ESTATE OF Isaac TARMY, Deceased.
TEXT: GLICKSTEIN, Judge. This is a petition for writ of prohibition in which petitioner, heir to
a...tes provide support for respondents position, particularly in light of the holding in Barnett as
to section 733.702. WALDEN and STONE, JJ., concur.
61-CITE: 608 So.2d 510 In re the ESTATE OF Harold VERNON, Deceased. Michael WEITZMAN and Stephen Leon,
Appellants, v. RESOLUTION TRUST CORPORATION, and George H. Bailey, as Administrator ad litem of the
Estate of Harold Vernon, Appellees.
TEXT: ON MOTION FOR REHEARING FARMER, Judge. We withdraw our previous opinion and substitute the
...nomy to allow parallel litigation in this case, with the inherent risk of inconsistent results as
to the various parties. Therefore, I would affirm.
62-CITE: 712 So.2d 421 In re ESTATE OF Mary Helen NOLAN, Deceased. Augusta OWENS and Robert C. Owens,
Appellants, v. William R. SWINDLE, as Administrator Ad Litem of the Estate of Mary Helen Nolan, and
Fred J. Wilder, as Personal Representative of the Estate of Mary Helen Nolan, Appellees.
TEXT: ON MOTION TO DISMISS APPEAL ALTENBERND, Judge. Augusta Owens and her husband, Robert C.
Owe...for certiorari, but conclude the Owenses have not established a basis for such relief. Appeal
dismissed. FRANK, A.C.J., and NORTHCUTT, J., concur.
63-CITE: 549 So.2d 1156 Margaret SCHULTZ, Appellant, v. ESTATE OF Mabel C. ROACH, Deceased, Appellee.
TEXT: FERGUSON, Judge. This is an appeal from an order dismissing a Petition for Establishment
and...ginal will had ever been in the possession or control of the decedent. Reversed and remanded
with instructions to reinstate and grant the petition.
64-CITE: 564 So.2d 241 Anna M. SPOHR, William E. Spohr, Jr., and Joan A. Gardner, Appellants, v. John
C. BERRYMAN, Personal Representative of the Estate of William E. Spohr, and Janet W. Spohr,
Appellees.
TEXT: POLEN, Judge. Appellants ask this court to address the question of whether the timely
filing...al arguments such as the time based defenses of laches and the statute of limitations.
GARRETT, J., and FRANK, RICHARD H., Associate Judge, concur.
65-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.
66-CITE: 604 So.2d 946 Floyd THOMAS, Jr., as Personal Representative of the Estate of Dianne M. Thomas,
Deceased, Appellant, v. William Allen BURNETT, Kennco Manufacturing, Inc., a Florida corporation,
and Bill Currie Ford, Inc., f k a Bill Currie Leasing, Inc., Appellees.
TEXT: PER CURIAM. Floyd Thomas, Jr., as the personal representative of the estate of Dianne M.
Tho...this dismissal, we do not rule upon the preclusive effect, if any, of that order. Dismissed.
DANAHY, A.C.J., and HALL and ALTENBERND, JJ., concur.
67-CITE: 523 So.2d 1209 Roli WOGINIAK, Appellant, v. Cecilia KLEIMAN, Appellee.
TEXT: FERGUSON, Judge. Isaac Woginiak died intestate on March 10, 1987, at age 68, leaving three
s...eglect; . . . (3) fraud (whether heretofore denominated intrinsic or extrinsic),
misrepresentation or other misconduct of an adverse party . . . .
68-CITE: 581 So.2d 203 Hilda M. FORD, as Trustee of Gilbert I. Ford Trust of 1990, Appellant, v. Hilda
M. FORD and James R. Ford, Appellees.
TEXT: HARRIS, Judge. In February, 1990, apparently in contemplation of death, Gilbert I. Ford,
joi...ot been challenged on any grounds including undue influence or incapacity. *204 AFFIRMED in
part, REVERSED in part. DAUKSCH and COBB, JJ., concur.
69-CITE: 638 So.2d 1056 CONTINENTAL NATIONAL BANK, Appellant, v. Sara BRILL, Appellee.
TEXT: PER CURIAM. Continental National Bank appeals from an order denying its motion to intervene
...proved by the court. Section 768.25, Fla. Stat. (1993). (FN2) We express no opinion on the
fairness of the allocation as it is presently structured.
70-CITE: 739 So.2d 118 M.R., individually and as next friend and legal and natural guardian of R.R.,
her minor child, Appellants, v. A.B.C., individually, and J. M., as personal representative of the
Estate of A.B.C., deceased, Appellees.
TEXT: COPE, J. The plaintiffs in a paternity action filed against A.B.C. appeal the denial of
thei...lement, there is no sound reason to require M.R. to begin a new suit. Reversed and remanded
with instructions to grant M.R. s motion to substitute.
71-CITE: 672 So.2d 822 Priscilla M. PAYNE, individually, and on behalf of Christine A. Payne, Jennifer
S. Payne, Gregory J. Payne, Jonathan M. Payne, and Johanne M. Payne, her children, Appellants, v.
Douglas B. STALLEY, as Personal Representative of the Estate of Richard M. Wood, Appellee.
TEXT: ALTENBERND, Judge. These consolidated appeals arise from the unsuccessful attempts of
Prisci... of the attempt to amend the 1990 claim. *825 period. Accordingly, we must affirm the trial
court s orders. PARKER, A.C.J., and FULMER, J., concur.
72-CITE: 537 So.2d 1370 James Michael WATSON, personal representative of the estate of Michael Corso,
deceased, Petitioner, v. FIRST FLORIDA LEASING, INC., Respondent.
TEXT: McDONALD, Justice. We review First Florida Leasing, Inc. v. Watson, 516 So.2d 1062 (Fla. 3d
... as they relate to probate matters, have now been superseded by the adoption of the 1988
amendments to the rules. OVERTON and BARKETT, JJ., concur.
73-CITE: 662 So.2d 1303 ROGERS & WELLS, Appellant, v. Ronald WINSTON, as Personal Representative of the
Estate of Edna Vivian Winston, Deceased, and Bruce Winston and Bankers Trust Company, Appellees.
TEXT: POLEN, Judge. Rogers & Wells, a New York law firm, appeals the trial court s denial of its
m...and therefore service by mail was appropriate. See Payette v. Clark, 559 So.2d 630 (Fla. 2d DCA
1990). AFFIRMED. KLEIN and STEVENSON, JJ., concur.
74-CITE: 732 So.2d 423 Ann W. ANDERSON, Appellant, v. Theressa Rains JOHNSON, etc., Appellee.
TEXT: COBB, J. Ann Anderson [Anderson] appeals from an adverse judgment of partition. She
contends... a probate court order which by statute she was entitled to rely upon. The partition
order is reversed. REVERSED. GOSHORN and ANTOON, JJ., concur.
75-CITE: 648 So.2d 204 Nancy FRIEDBERG and Lori Friedberg, Appellants, v. SUNBANK MIAMI, N.A., et al.,
Appellees.
TEXT: GREEN, Judge. Nancy and Lori Friedberg appeal from a final order of the trial court which
de..., working on the premise that the current statutes can lead to unfair results and attempting to
develop a new statute to present to the legislature.
76-CITE: 664 So.2d 66 Mercedes DE SOTO, Appellant, v. GUARDIANSHIP OF Antonio DE SOTO and Guardianship
of Martha De Soto, Appellees.
TEXT: PER CURIAM. Mercedes De Soto appeals from a final order of the probate court directing
payme...hus, Mercedes was entitled to a one-third share of the funds or $108,000. The parties
remaining points on appeal lack merit. Reversed and remanded.
77-CITE: 647 So.2d 886 Daniel J. ZBIN, Appellant, v. Oliver Addison PARKER, Anne E. Morton, as personal
representative of the estate of Chesley V. Morton, deceased, and Morton & Parker, a law firm
partnership in process of dissolution, Appellees
TEXT: PER CURIAM. This appeal follows from a final order of dismissal for lack of prosecution of
D...a period of 1 year shall be dismissed . . . unless a stipulation staying the action is approved
by the court or a stay order has been filed. . . .
78-CITE: 446 So.2d 1107 Thomas A. DOZIER, as Personal Representative of the Estate of Floretta Snyder,
and Mary R. Fletcher, Appellants, v. Suzanne SMITH, Appellee.
TEXT: OTT, Chief Judge. Thomas Dozier, as personal representative of the Estate of Floretta
Snyder... instructions to deny appellee s petition to revoke probate of the will and to reinstate
the probate of the will. GRIMES and CAMPBELL, JJ., concur.
79-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.
80-CITE: 460 So.2d 515 George FELDAN, Appellant, v. David E. GOODMAN and Rachel Goodman; Albert Feldan
and Bess Feldan, Appellees.
TEXT: BARKDULL, Judge. Appellant seeks review of two orders of the trial court which dismissed
wit...laim in his petition against the executor, then he should not be accorded relief. See and
compare Davis v. Davis, 123 So.2d 377 (Fla. 1st DCA 1960).
81-CITE: 545 So.2d 950 Robert SOKOL, Appellant, v. Ruth MOSES, Appellee.
TEXT: JAMES C. DOWNEY, Associate Judge. This is an appeal from a final order of the Circuit
Court,...eached. We conclude that the right result was reached and reversible error has not been
demonstrated. The order appealed from is therefore affirmed.
82-CITE: 577 So.2d 1359 Suzanne MOORE, as Trustee for Christopher Shane Moore, Carey Justin Moore, and
Sabrina Angeline Moore, as beneficiaries of the Estate of Richard L. Moore, Deceased, Appellant, v.
Tulin MOORE, as Personal Representative of the Estate of Richard L. Moore, Deceased, Appellee.
TEXT: ALTENBERND, Judge. The trustee for the three children of *1360 Richard L. Moore appeals
(FN1...obate court. Affirmed in part, reversed in part, and remanded for proceedings consistent
with this opinion. RYDER, A.C.J., and DANAHY, J., concur.
83-CITE: 557 So.2d 615 CITY NATIONAL BANK OF FLORIDA and Elda Santeiro-Martinez, as Co-Guardians of the
property of Elena Aleman, Incompetent, and Elda Santeiro-Martinez, Appellants, v. Donald R. TESCHER,
Guardian Ad Litem, Nicholas M. Daniels, Coconut Grove Bank and Luis Soublette, as Co-Personal
Representatives of the Estate of Elena Santeiro-Soublette, Deceased, Luis Soublette, individually,
Jorge Luis Romanach, Elda Maria Romanach, Juan Jose Romanach, and Alejandro Romanach, Appellees.
TEXT: LEVY, Judge. This case involves the issue of whether certain homestead property owned by
dec... s will. Accordingly, the trial court was eminently correct in deciding not to set aside the
order authorizing the sale of the property. Affirmed.
84-CITE: 697 So.2d 866 Barbara J. HOLMEN, as Personal Representative of the Estate of G. Robert Holmen,
and Barbara J. Holmen, individually, and Britt Ann. Holmen, Robert Christopher Holmen, Mark Eric
Holmen and Brigette Ann Holmen, individually, and Fred O. Brownson and Barbara J. Holmen, as
Trustees of the G. Robert Holmen Family Living Trust, Appellants, v. Elizabeth Kirsten HOLMEN, by
her next friend, Tammy Ellen RAHN, Appellee.
TEXT: KLEIN, Judge. The issue presented by this appeal is whether the decedent s written
acknowled...tally incompetent at the time of the acknowledgment in writing. We do not address that
issue, because no such contention is being made in this case.
85-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.
86-CITE: 443 So.2d 197 Judy LURIO, Appellant, v. Daryl Scott LURIO, a minor, By and Through his
undersigned Attorney and Guardian Ad Litem Jeffrey M. ROSENTHAL, Appellee.
TEXT: BASKIN, Judge. Judy Lurio, surviving spouse of Sidney Lurio, appeals the Order Denying
Petit... Lurio. *199 Finding no merit in appellant s remaining argument on newly discovered
evidence, we affirm the decision of the trial court. Affirmed.
87-CITE: 454 So.2d 783 John EBELING, Margot Brady, f k a Margot Ebeling, and Martha Eckert, f k a
Martha Ebeling, Appellants, v. Elmer G. VOLTZ and Margaret Voltz, Appellees.
TEXT: GLICKSTEIN, Judge. This is a timely appeal from a final judgment dismissing with prejudice
a...eans through which they will be implemented, so the law is substantive and not procedural. No
procedure, no conflict. DOWNEY and DELL, JJ., concur.
88-CITE: 436 So.2d 394 W. Donald ROBERTS, Appellant, v. John D. JASSY and R. Keith Jassy, as Personal
Representatives of the Estate of David Jassy, Deceased, Appellees.
TEXT: OTT, Chief Judge. The appellant brought suit against David Jassy and several others to
recov... Code--A Marriage of Convenience, 27 U.Fla.L.Rev. 1 (Fall 1974). (FN2) Cf., Pierce v.
American Bank & Trust Co., 433 So.2d 655 (Fla. 1st DCA, 1983).
89-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.
90-CITE: 627 So.2d 103 In re ESTATE OF John J. MAYERS, Deceased. Estelle NEWMAN, Appellant, v. Thornton
M. HENRY, as Personal Representative, et al., Appellee.
TEXT: PER CURIAM. The trial court dismissed a petition to revoke probate of a will which petition
...s (1991). Accordingly, we remand this case to the trial court to determine the amount of a
reasonable fee. HERSEY, GUNTHER and WARNER, JJ., concur.
91-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.
92-CITE: 657 So.2d 6 David HENSHALL, Patricia Furney, and Gail Currin, Appellants, v. L.E. LOWE, Jr.,
Appellee.
TEXT: PARKER, Acting Chief Judge. Appellants, David Henshall, Patricia Furney, and Gail Currin,
ap...nt to state a cause of action for wrongful interference with a testamentary expectancy.
Reversed and remanded. PATTERSON and LAZZARA, JJ., concur.
93-CITE: 528 So.2d 63 Abe BAUM, Individually, and as Trustee, Appellant, v. Ardis HEIMAN, Appellee.
TEXT: NESBITT, Judge. Abe Baum appeals a final judgment granting Ardis Heiman restitution. We
reve...ings pertaining to Heiman s claim of homestead for the condominium. Accordingly, we reverse
the trial court s order granting restitution to Heiman.
94-CITE: 525 So.2d 447 George A. ADKINS, Personal Representative of the Estate of Frances A. Carter
Ireland, Appellant, v. Kay WOODFIN, Appellee.
TEXT: WEBSTER, PETER D., Associate Judge. This appeal is from a final judgment admitting to
probat... therein according to Article IV of the will. REVERSED and REMANDED, with directions.
GUNTHER, J., concurs. STONE, J., dissents, without opinion.
95-CITE: 501 So.2d 1286 In re The ESTATE OF Daniel A. UDELL, Deceased.
TEXT: OPINION ON MOTIONS FOR ATTORNEY S FEES HERSEY, Chief Judge. In this appeal of an order
ente... of the *1289 lower tribunal in the exercise of its probate jurisdiction. Accordingly, the
motions are denied. DOWNEY and GLICKSTEIN, JJ., concur.
96-CITE: 748 So.2d 1086 In re ESTATE OF Joseph S. DELUCA, Deceased. Josephine M. Hyland, a k a Joy
Maria Assenheimer, Appellant, v. Bartolomeo DiPietro, individually and as Co-Personal Representative
of the Estate of Joseph S. DeLuca and Successor Co-Trustee of the Declaration of Trust of Joseph S.
DeLuca dated October 24, 1994, and Robert Aiello, as Co-Personal Representative of the Estate of
Joseph S. DeLuca and Successor Co-Trustee of the Declaration of Trust of Joseph S. DeLuca dated
October 24, 1994, and John DiPietro, individually, Melina Villante, individually, Marina Fontanta,
individually, and Virgil J. Aiello, Appellees.
TEXT: PER CURIAM. Appellant, Josephine M. Hyland a k a Joy Maria Assenheimer, appeals an order
fro... appellant s petition and remand for further proceedings. REVERSED and REMANDED. KLEIN,
TAYLOR, JJ., and BLANC, PETER D., Associate Judge, concur.
97-CITE: 510 So.2d 1003 Phillip J. SCUTIERI, Jr., Jacqueline M. Simmons, Sundale Associates, Ltd., the
Sunrise Club, Inc. and Associated American Development Corp., Appellants, v. ESTATE OF Phil REVITZ,
Appellee.
TEXT: PER CURIAM. This is an appeal from a final order denying a motion made below by certain
esta...and the cause is remanded to the trial court with directions to allow the claimants herein to
file their statement of claim. Reversed and remanded.
98-CITE: 662 So.2d 722 Thomas SWENSZKOWSKI, Appellant, v. Wayne COMPTON, as Personal Representative of
the Estate of Debbie Lee Phillips, deceased, Appellee.
TEXT: ON MOTION FOR CLARIFICATION AND REHEARING ERVIN, Judge. This court s previous opinion
filed...er the decedent s death by virtue of the credit life insurance. Thus, section 222.13(1),
Florida Statutes (1989), does not bar Swenszkowski s claim.
99-CITE: 519 So.2d 3 Z & O REALTY ASSOCIATES, INC. and Michael P. Octaviano, Appellants, v. Phyllis
Zipes LAKOW and Iris Zipes Egan, as Co-Personal Representatives of the Estate of Phillip P. Zipes,
deceased, Appellees.
TEXT: NESBITT, Judge. The claimants appeal from an order of the probate court striking their
claim...the result reached by our sister court in Golden v. Atlantic Nat l Bank, 481 So.2d 16 (Fla.
1st DCA 1985), review denied, 492 So.2d 1332 (Fla.1986).
100-CITE: 448 So.2d 609 Dorothy Helen DAYTON, M.D., Mary Johnson, Anne Cooper, Laurie Cauthen, Marcie
Lynn Conger and George Drew Conger, Appellants, v. Thomas A. CONGER, Appellee.
TEXT: NESBITT, Judge. Various beneficiaries of decedent s estate appeal an order awarding a
truste...ficiaries shares of the estate, and imposing personal liability on the beneficiaries for
costs are affirmed. Reversed in part and affirmed in part.
101-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.
102-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.
103-CITE: 450 So.2d 236 In re ESTATE OF Adeline F. BERTE, Deceased.
TEXT: DELL, Judge. Essie Mae Hill appeals from a final order revoking probate of a will naming
her...ial court s order revoking the probate of Berte s will and remand for further proceedings.
REVERSED and REMANDED. BERANEK and WALDEN, JJ., concur.
104-CITE: 526 So.2d 745 The PUBLIC HEALTH TRUST OF DADE COUNTY, Florida d b a Jackson Memorial Hospital,
Inc., Appellant, v. The ESTATE of Ernest O. JARA, and David M. Gonshak, as personal representative
of Ernest O. Jara, deceased, Appellees.
TEXT: NEW OPINION ON RECALL OF MANDATE PER CURIAM. This appeal is brought from an order denying
a...ould determine whether the identity of the appellant *746 was known or readily ascertainable to
the personal representative. Reversed and remanded.
105-CITE: 508 So.2d 455 In re ESTATE OF Harry T. WHITLEY, Deceased.
TEXT: WALDEN, Judge. This is an appeal of an order satisfying a debt. The decision of the probate
...r, 153 Fla. 622, 15 So.2d 451 (1943). The weight of authority supports this conclusion. See 127
A.L.R. 634. Affirmed. DELL and STONE, JJ., concur.
106-CITE: 469 So.2d 743 THE FLORIDA BAR RE: PETITION TO AMEND the BYLAWS UNDER the INTEGRATION RULE OF
the FLORIDA BAR (CERTIFICATION PLAN).
TEXT: PER CURIAM. The Florida Bar petitions this Court to approve proposed amendments to the
Flori... append, III (marital and family, thirty percent). Thirty percent should be about right for
estates and probate certification. ADKINS, J., concurs.
107-CITE: 639 So.2d 1004 Magally DIAZ, Appellant, v. SECURITY UNION TITLE INSURANCE COMPANY, et al.,
Appellees.
TEXT: PER CURIAM. Appellant, Magally Diaz (Diaz), appeals a final judgment in a partition action.
... an order rendering each party liable for one-half of the attorneys fees awarded. Affirmed in
part; reversed in part, and remanded with directions.
108-CITE: 469 So.2d 204 Emma A. ALLEN, Appellant, v. Rowland J. GUTHRIE, as Personal Representative of
the Estate of Eldie B. Allen, deceased, Appellee.
TEXT: FRANK, Judge. In this case the appellant, Emma A. Allen, who is allegedly the widow of a
dec... The trial judge correctly dismissed the appellant s objection to probate and notice of
election. Affirmed. RYDER, C.J., and CAMPBELL, J., concur.
109-CITE: 700 So.2d 182 Dolores A. LARKIN, individually and as Personal Representative of the Estate of
Katherine Desteli, deceased, Petitioner, v. William C. PIRTHAUER, Respondent.
TEXT: PER CURIAM. The personal representative of an estate seeks review of an order disqualifying
...itigation, and not from other matters pertaining to the administration of the estate. Certiorari
denied. WARNER, KLEIN, and PARIENTE, JJ., concur.
110-CITE: 641 So.2d 1323 Theresa H. CARMAN, Petitioner, v. Roy GILBERT, et al., Respondents.
TEXT: HARDING, Justice. We have for review the opinion in Carman v. Gilbert, 615 So.2d 701 (Fla.
2...er informal notice to the personal representative and all persons bearing the impact of the
payment the court shall enter its order on the petition.
111-CITE: 526 So.2d 54 THE FLORIDA BAR, Complainant, v. Raymond P. HARRIS, Respondent.
TEXT: PER CURIAM. This case is a disciplinary proceeding brought by The Florida Bar against
attorn...spondent, for which sum let execution issue. It is so ordered. McDONALD, C.J., and
OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
112-CITE: 433 So.2d 672 In re ESTATE OF Dora LONSTEIN, Deceased.
TEXT: DOWNEY, Judge. Dora Lonstein died testate in August, 1978. She named three of her children
a...he attorney s fee awarded to Even I. Fetterman is reduced to $2,000 plus the costs awarded by
the trial court. LETTS, C.J., and WALDEN, J., concur.
113-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).
114-CITE: 591 So.2d 675 In re ESTATE OF Georgeina KERO, a k a Georgiana Kero, Deceased, Dolores BURY,
Appellant, v. Marlene LaCount DiLEGGE, Appellee.
TEXT: PER CURIAM. At issue here is whether an unsigned carbon copy may be used to establish and
pr...e probate court for proceedings not inconsistent with our holding. REVERSED AND REMANDED WITH
DIRECTIONS. GUNTHER, WARNER and FARMER, JJ., concur.
115-CITE: 691 So.2d 52 David ROBINSON, as Co-Personal Representative of the Estate of Marvin L. Robinson
and Co-Trustee of the Marvin L. Robinson Amended and Restated Declaration of Trust, Appellant, v.
Sam TOOTALIAN, as Former Co-Trustee; Purdy, Donovan & Beal, Certified Public Accountants; and
Marilyn Z. Robinson, as Co-Personal Representative of the Estate of Marvin L. Robinson and as
Co-Trustee of the Marvin L. Robinson Amended and Restated Declaration of Trust, Appellees.
TEXT: KLEIN, Judge. The decedent, Marvin L. Robinson, left a substantial estate in trust and
named...which is not apparent from the record. Applestein v. Alberring, 291 So.2d 206 (Fla. 3d DCA
1974); Nichols v. Walton, 82 Fla. 385, 90 So. 157 (1921).
116-CITE: 590 So.2d 1057 Karlis Guntis FRITSEVICH, et al., Appellants, v. In re ESTATE OF Lydia VOSS,
Appellee.
TEXT: PER CURIAM. Lydia Voss, a Latvian immigrant, died intestate in Miami Beach in 1979. A
notice...rt s order dismissing the appellant s petition is reversed and the case remanded for
further proceedings consistent with the statements made herein.
117-CITE: 716 So.2d 286 June HOGAN, as Personal Representative of the Estate of Word Hogan, Deceased,
Appellant, v. Phyllis Ann HOWARD, Appellee.
TEXT: ALTENBERND, Judge. June Hogan, as personal representative of the estate of Word Hogan,
appea...was untimely and unauthorized. Accordingly, we must reverse the trial court s order.
Reversed and remanded. FRANK, A.C.J., and FULMER, J., concur.
118-CITE: 534 So.2d 735 Robert RAINIER, as Personal Representative of the Estate of Marie S. Houston,
Appellant, v. Mike CALHOUN, Appellee.
TEXT: NESBITT, Judge. The personal representative of an estate appeals an order awarding interest
...Pope, the Supreme Court held that the personal representative has an obligation to give personal
notice to known creditors of the decedent s estate.
119-CITE: 481 So.2d 64 David SWARTZ, Individually and as Co-Personal Representative and Beneficiary of
the Estate of Max Swartz, Deceased, Appellant, v. David A. RUSSELL, as Administrator of the Estate
of Max Swartz, Deceased, and Peter Swartz and Esther Swartz, Individually and as Co-Personal
Representatives and Beneficiaries of the Estate of Max Swartz, Deceased, Appellees.
TEXT: NESBITT, Judge. David Swartz appeals an order compelling him to vacate certain real
property...d order ECF, and not David, to turn over possession, unless, after the presentation of
evidence, it finds that ECF is merely the alter ego of David.
120-CITE: 573 So.2d 873 Marion James GRAY, Petitioner, v. Eugene Carter WORLEY, et al., Respondents.
TEXT: PER CURIAM. Marion James Gray seeks review of and order of the probate court, sitting in
its...uardianship of the ward and creates a total dispositive plan for the ward s estate. Gray was
named as a beneficiary in a purported will of the ward.
121-CITE: 611 So.2d 594 Lynn BURGIS, Appellant, v. Rose J. BURGIS, as personal representative of the
Estate of Stanley L. Burgis, a k a Stanley P. Burgis, deceased, Appellee.
TEXT: FRANK, Judge. Lynn Burgis, the former wife of decedent Stanley Burgis, appeals from an
order...im she seeks to establish is not before us and we do not pass upon that question. Reversed
and remanded. SCHOONOVER, A.C.J., and BLUE, J., concur.
122-CITE: 637 So.2d 966 Margaret P. LEWIS, Personal Representative of the Estate of Maggie Flowers,
Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
TEXT: GRIFFIN, Judge. Margaret P. Lewis, as Personal Representative [ Lewis ] of the Estate of
Mag...he lower court with instructions that judgment be entered in favor of the Estate of Flowers.
REVERSED and REMANDED. COBB and GOSHORN, JJ., concur.
123-CITE: 636 So.2d 782 CONTINENTAL NATIONAL BANK, Appellant, v. Sara BRILL, Appellee.
TEXT: GERSTEN, Judge. Appellant, Continental National Bank, appeals an order denying the
appointme...--------- (FN1) Few, like Pygmalion, doat on lifeless charms, Or care to clasp a statue
in their arms. (S. Jenyns, Art of Dancing, canto i, 1728).
124-CITE: 595 So.2d 312 In re: ESTATE OF Roger B. TUDHOPE, Deceased. Kevin Lawrence TUDHOPE and Gary M.
Fernald as Guardian Ad Litem for Brian James Tudhope, a minor, Appellants, v. Alan RUDKIN as
Personal Representative of the Estate of Roger B. Tudhope, Deceased, Errol R. Gard, Ellis P. Hyman,
D.D.S., and Moss-Feaster Funeral Homes, Inc., Appellees.
TEXT: FRANK, Acting Chief Judge. When Roger Tudhope died, testate, he was survived by two minor
ch... the final judgment and remand for further proceedings consistent with this opinion.
THREADGILL, J., and CHARLES B. CURRY, Associate Judge, concur.
125-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.
126-CITE: 517 So.2d 675 In re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE (PUBLIC GUARDIANSHIP).
TEXT: GRIMES, Justice. In 1986, the Florida Legislature enacted the Public Guardianship Act,
secti...f a ward. the public Guardian shall submit a report as required by F.S. 744.708(4) to the
chief judge of the circuit and file a copy with the clerk.
127-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.
128-CITE: 641 So.2d 423 In re ESTATE OF Bernard L. DANESE, Deceased, Appellants.
TEXT: DAVIS, Judge. Appellants, personal representatives of the estate of Bernard L. Danese and
Do...91) and deny appellees petition to reopen the estate, based upon their failure to file a timely
claim in the estate. SMITH and JOANOS, JJ., concur.
129-CITE: 478 So.2d 465 In re The ESTATE OF Jane Moye GUTHRIE, Deceased; J. Merritt Guthrie & Wayne M.
Guthrie, Heirs, Appellants, v. James M. GUTHRIE, Personal Representative of the Estate of Jane Moye
Guthrie, Deceased, Appellee.
TEXT: WENTWORTH, Judge. Appellants seek review of a probate order by which their formal objection
...& G.P. 5.100; cf., Baldwin v. Lewis, 397 So.2d 985 (Fla. 3d DCA 1981). Accordingly, rehearing is
hereby denied. SHIVERS and WIGGINTON, JJ., concur.
130-CITE: 679 So.2d 329 Melvyn F. RUTHERFORD, as Personal Representative of the Estate of Eleanor R.
Smith, deceased, Appellant, v. Don M. GASCON, Appellee.
TEXT: QUINCE, Judge. Melvyn F. Rutherford (Rutherford), personal representative of the Estate of
E... items. We vacate all other sums awarded on Gascon s counterclaim. Affirmed in part and
reversed in part. PARKER, A.C.J., and LAZZARA, J., concur.
131-CITE: 748 So.2d 376 J. TUCKER, Appellant, v. Harvey RUVIN, etc., Appellee.
TEXT: SORONDO, J. In August of 1997, J. Tucker attempted to file a Declaration of Adversary
procee...v. State, 615 So.2d 809 (Fla. 3d DCA 1993); Kollin v. Ader, 591 So.2d 320 (Fla. 3d DCA
1991); Mattson v. Kolhage, 569 So.2d 1358 (Fla. 3d DCA 1990).
132-CITE: 734 So.2d 1177 Manuel J. RICO-PEREZ, individually and as the Natural Father of and on Behalf
of his Minor Child, Andres Manuel Rico-Perez, Appellant, v. Juliana RICO-PEREZ, Appellee.
TEXT: NESBITT, Judge. Post dissolution of marriage, Manuel Rico Perez claimed his monthly child
su...nting be ordered by the family court and the accounting demonstrate that the child is receiving
more money than he requires for his immediate needs.
133-CITE: 611 So.2d 43 Dareyl FUNCHESS, as personal representative of the estate of Samantha McHellon
Funchess, deceased, on behalf of the estate and on behalf of the survivors of the decedent, to wit:
Dareyl Funchess, surviving spouse; Lajuan Jamar Funchess, a minor; Samuel McHellon, a minor, Helen
White and Donial McHellon, natural parents, Appellant, v. GULF STREAM APARTMENTS OF BROWARD COUNTY,
INC., John V. Tinglof, Robert R. Tinglof and Iver A. Tinglof, Appellees.
TEXT: DELL, Judge. Appellant contends the trial court erred when it dismissed this action for the
...its judgment in favor of appellees and for further proceedings consistent with this opinion.
REVERSED and REMANDED. HERSEY and STONE, JJ., concur.
134-CITE: 615 So.2d 263 Dorothy HOPPER, as Personal Representative of the Estate of Clarence J. Hopper,
Jr., Appellant, v. DEPENDABLE LIFE INSURANCE CO., Appellee.
TEXT: KAHN, Judge. This is a heavily litigated case concerning the disposition of a credit life
in... Hart v. Bankers Fire & Casualty Ins. Co., 320 So.2d 485 (Fla. 4th DCA 1975) (on rehearing).
REVERSED and REMANDED. BOOTH and MICKLE, JJ., concur.
135-CITE: 565 So.2d 399 Rosalinda MARTINEZ, Appellant, v. KENNEDY REAL ESTATE OF LABELLE, INC., PENSION
TRUST, Appellee.
TEXT: LEHAN, Judge. We affirm the trial court s determination in its final summary judgment that
c... s fees and costs. Affirmed in part and remanded for proceedings consistent herewith. RYDER,
A.C.J. and LUTEN, CLAIRE K., Associate Judge, concur.
136-CITE: 432 So.2d 740 In re The ESTATE OF Irma ODZA, Deceased.
TEXT: DELL, Judge. Lawrence M. Aglow appeals from a final order of the circuit court removing him
...e subject estate and remand this case for further proceedings consistent with this opinion.
REVERSED AND REMANDED. DOWNEY and HERSEY, JJ., concur.
137-CITE: 735 So.2d 583 Estelle G. FURLONG, Appellant, v. Manuel RAIMI, individually and as Co-Personal
Representative and Trustee of the Evelyn S. Gruber Last Will and Testament; and Evelyn S. Gruber
Revocable Trust both dated July 8, 1994; Renee Raimi and Frieda Pantzer, Suntrust f k a Sunbank
Miami, N.A.; Theresa Heidel, Individually and as an officer of Sunbank Miami, N.A., Lucille Clum,
Individually and as Vice President and Trust Officer of Sunbank Miami, N.A.; Ida Raimi and Edward L.
Schultz, Appellees.
TEXT: PER CURIAM. This is a motion to review a post-appeal cost judgment awarding the appellees
th...ong s motion to review the costs judgment pursuant to Florida Rules of Appellate Procedure
9.400(c) and affirm the judgment under review. Affirmed.
138-CITE: 691 So.2d 1200 In re ESTATE OF John V. RAIS, Deceased. Jussi K. KIVISTO, as Personal
Representative of the Estate of John V. Rais, Deceased, Appellant, v. NATIONSCREDIT CORPORATION f k
a C & S Family Credit, Inc., Appellee.
TEXT: MAY, MELANIE G., Associate Judge. A foreclosure action and the effect of the Probate Code
on...losure is therefore reversed and the case remanded to the trial court for proceedings
consistent with this opinion. DELL and PARIENTE, JJ., concur.
139-CITE: 638 So.2d 1019 Gladys N. GROOMS, Philip A. Lehman, Susan D. Zirilli, et al., Appellant, v.
Della K. ROYCE, as Personal Representative of The Estate of Clara Mae Enders, Appellee.
TEXT: HARRIS, Chief Judge. Appellants appeal from an order admitting the will of Clara Mae Enders
...nal representative designated by the contested will, regardless of her qualifications. REVERSED
and REMANDED. PETERSON and DIAMANTIS, JJ., concur.
140-CITE: 433 So.2d 542 In re ESTATE OF Henry EISENBERG, Deceased.
TEXT: GLICKSTEIN, Judge. This is an appeal by a removed personal representative from that portion
...r evidence thereon is appropriate. DELL and WALDEN, JJ., concur. ------------ (FN3) Citing to
Henderson v. Ewell, 111 Fla. 324, 149 So. 372 (1933).
141-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.
142-CITE: 650 So.2d 638 Mary FRANTZIS, Appellant, v. COMPREHENSIVE PERSONAL CARE SERVICES, INC.,
Guardian, Appellee. In re GUARDIANSHIP OF Nicholas FRANTZIS, etc.
TEXT: PER CURIAM. Mary Frantzis appeals an order of the probate division of the circuit court in
a... court in a guardianship proceeding. The order under review is affirmed on authority of
paragraph 744.457(1)(c), Florida Statutes (1993). Affirmed.
143-CITE: 574 So.2d 1223 DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, STATE OF FLORIDA, Appellant,
v. Harriet J. Roberts MARTIN and Herman M. Klemick, Appellees.
TEXT: COPE, Judge. The Department of Health and Rehabilitative Services appeals a final judgment
a...rsonal representative. (FN3) In our view, the probate court may issue a subpoena under paragraph
415.107(2)(e) where the statutory criteria are met.
144-CITE: 474 So.2d 206 Susan M. STREGACK, as personal representative of the Estate of Manuel Moldofsky,
Deceased, Petitioner, v. Sally D. MOLDOFSKY, Respondent.
TEXT: McDONALD, Justice. We have for review Moldofsky v. Stregack, 449 So.2d 918 (Fla. 3d DCA
1984...---- (FN1) In pertinent part the statute provides: no disclosure shall be required for an
agreement, contract, or waiver executed before a marriage.
145-CITE: 639 So.2d 60 In re GUARDIANSHIP OF Brian David Walpole, Incompetent. The PUBLIC TRUSTEE OF
STEWART HOUSE, Appellant, v. FIRST UNION NATIONAL BANK, as successor to Atlantic National Bank, as
Guardian of the Property of Brian David Walpole, Appellee.
TEXT: ON MOTION FOR CLARIFICATION PARIENTE, Judge. The opinion of this court filed February 16,
1...ONE, JJ., concur. ------------ (FN2) If the ward, through a guardian ad litem, favored the
transfer, that might have affected our ultimate decision.
146-CITE: 681 So.2d 842 MEMORIAL SLOAN-KETTERING CANCER CENTER, Appellant, v. Salomon LEVY and Donald H.
Kane, as Personal Representatives; et al., Appellees.
TEXT: PER CURIAM. Memorial Sloan-Kettering Cancer Center [Sloan-Kettering] appeals from the trial
...jurisdiction. Gonzalez Eng g, Inc. v. Miami Pump & Supply Co., 641 So.2d 474 (Fla. 3d DCA 1994).
*843 Affirmed, in part; appeal dismissed, in part.
147-CITE: 502 So.2d 891 THE FLORIDA BAR, Complainant, v. James T. GOLDEN, Respondent.
TEXT: PER CURIAM. This disciplinary proceeding against attorney James T. Golden is before the
Cour...dent, for which sum let execution issue. It is so ordered. MCDONALD, C.J., OVERTON,
EHRLICH, SHAW and BARKETT, JJ., and ADKINS, J. (Ret.), concur.
148-CITE: 664 So.2d 361 In re ESTATE OF Elizabeth H. HILLYER, Deceased. Gale HILLYER, as Personal
Representative of the Estate of Elizabeth H. Hillyer, Appellant, v. Douglas Van Allen HILLYER,
Beneficiary of Estate of Elizabeth H. Hillyer, Appellee.
TEXT: POLEN, Judge. Gale Hillyer, the personal representative of her mother s estate, appeals
from...trial court should not have *363 looked outside the will to either the deed or the codicil.
Therefore, we reverse. KLEIN and PARIENTE, JJ., concur.
149-CITE: 610 So.2d 1323 In re ESTATE OF Edna Vivian WINSTON, Deceased. Ronald WINSTON, as Personal
Representative of the Estate of Edna Vivian Winston, Deceased, Appellant, v. Bruce WINSTON, Rogers &
Wells and Bankers Trust Company, Appellees.
TEXT: HERSEY, Judge. This is a consolidated appeal concerning three orders entered in the probate
... a final order and we dismiss that aspect of this appeal as well. DISMISSED IN PART; REVERSED IN
PART AND REMANDED. POLEN and FARMER, JJ., concur.
150-CITE: 611 So.2d 80 In re Estate of Burtrez J. MORROW, Deceased. Frank W. GODDARD, as Successor
Trustee to the Burtrez J. Morrow Trust dated April 2, 1986, Appellant, v. David A. BACON, as
Personal Representative of the Estate of Burtrez J. Morrow, Deceased, Appellee.
TEXT: ALTENBERND, Judge. The narrow issue in this case is whether a personal representative may
co...t s order and remand for an order declaring the home to be an asset of the trust. Reversed and
remanded. DANAHY, A.C.J., and CAMPBELL, J., concur.
151-CITE: 581 So.2d 53 THE FLORIDA BAR, Complainant, v. James C. McKENZIE, Respondent.
TEXT: PER CURIAM. This is a lawyer disciplinary proceeding in which the respondent, James C.
Mcken...hich sum let execution issue. It is so ordered. SHAW, C.J., and OVERTON, BARKETT, GRIMES,
KOGAN and HARDING, JJ., concur. McDONALD, J., dissents.
152-CITE: 464 So.2d 1197 Lisa EVERED and John E. Edsell, Jr., Co-Personal Representatives of the Estate
of Ralph James Edsell, Jr., Deceased, Petitioners, v. Mary June EDSELL, Respondent.
TEXT: ALDERMAN, Justice. Petitioners, Lisa Evered and John Edsell, seek review of the decision of
...erly obtained or that she was incompetent at the time she signed, section 732.702(2) would not
bar her challenge to the validity of the agreement.
153-CITE: 654 So.2d 1254 STATE of Florida, DEPARTMENT OF LEGAL AFFAIRS, Appellant, v. Billie Jean RAINS;
Sheila Miller, as personal representative of the Estate of William Rains, a k a Bill Rains, a k a
William John Rains, deceased; John Rains, a k a John Mitchell Rains; Rebecca Hamilton; Lenny s Bar;
Florida Vending Company; Royal Vending Inc., d b a Royal Vending Company, and others known and
unknown, Appellees.
TEXT: PER CURIAM. The State of Florida appeals the circuit court s order allowing Billie Jean
Rain...ally has deemed final in all respects. Because I know of no other procedural rules that Rains
can use to gain the relief she seeks, I would reverse.
154-CITE: 638 So.2d 144 In re the ESTATE OF Henry C. LOEWY, Deceased. Marian LOEWY, Appellant, v. Marvin
M. GREEN, as Co-Personal Representative and David S. Loewy, Individually, Appellees.
TEXT: STONE, Judge. We affirm an order dismissing Appellant s petition to determine her
entitlemen... that Appellant s equitable allegations were insufficient as a matter of law to excuse
the failure to timely elect . . . . such a basis is apparent.
155-CITE: 433 So.2d 1358 In re ESTATE OF George PETERSON, Deceased. George PETERSON, III, as Personal
Representative, Appellant, v. Drew N. BARRINGER and Judith M. Barringer, as Co-Personal
Representatives of the Estate of Alberta Newcombe Peterson, Deceased, Appellees.
TEXT: HERSEY, Judge. This appeal from an order in the probate division denying a motion to strike
...and remand with instructions to grant the motion to strike appellees claim. REVERSED and
REMANDED WITH INSTRUCTIONS. HURLEY and DELL, JJ., concur.
156-CITE: 439 So.2d 1037 Aaron SANDS, Appellant, v. Lucy WOOTEN, Vernancha Dawson, William Dawson, Ellen
Mackey, Miriam Bonaparte, Sarah Allen, Jullenia Sands and Alfred Sands, Appellees.
TEXT: FERGUSON, Judge. This appeal is from a judgment on the pleadings entered for defendants
cros...on where, at the time the matter was before the probate judge, all the potential
beneficiaries were in agreement that there were no disputed claims.
157-CITE: 645 So.2d 45 AMERICAN & FOREIGN INSURANCE COMPANY, Appellant, v. Gertrude DIMSON, Norman
Dimson, Barry Dimson and Barbara Kreiger, as personal representatives of the Estate of Irving
Dimson, Appellees.
TEXT: PARIENTE, Judge. Appellant, American & Foreign Insurance Company (plaintiff), appeals an
ord...ourt did not err in striking the claim filed in the estate action as untimely. AFFIRMED.
KLEIN, J., and GROSS, ROBERT M., Associate Judge, concur.
158-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.
159-CITE: 615 So.2d 701 Theresa H. CARMAN, Appellant, v. Roy GILBERT, Basil Santana, and Nenet C. Heiser
n k a Nenet M. Catle, Appellees.
TEXT: PER CURIAM. The appellant challenges orders of the trial court determining that she had
reno...orney s fees consistent with its findings. Affirmed in part, reversed in part, and remanded.
FRANK, A.C.J., and PARKER and PATTERSON, JJ., concur.
160-CITE: 572 So.2d 948 William A. BISCHOFF, Jr., and American Cancer Society, Inc., Appellants, v.
Peggie Guy RODRIGUEZ and Lynda T. Schoonover, individually, as copersonal representatives of the
estate of William A. Bischoff, deceased, and as co-trustees under first codicil to will of William
A. Bischoff, dated December 16, 1983, Appellees.
TEXT: HALL, Judge. The appellants, William A. Bischoff, Jr. and the American Cancer Society,
Inc.,...charge are limited to the issues he raised before the trial court in his motion for
rehearing. Affirmed. LEHAN, A.C.J., and PATTERSON, J., concur.
161-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.
162-CITE: 660 So.2d 816 Dorothy C. MAXWELL and Frances V. Mise, Appellant, v. Jack Lee MISE, etc., et
al., Appellee.
TEXT: GRIFFIN, Judge. Because we conclude that there was competent evidence adduced at trial that
...no record basis to overturn the lower court s conclusion that the will was not the result of
undue influence on the part of the testator s grandson.
163-CITE: 591 So.2d 908 THE FLORIDA BAR, Complainant, v. T. Carlton RICHARDSON, Respondent.
TEXT: PER CURIAM. T. Carlton Richardson seeks review of the referee s finding of guilt and
recomme...chardson, for which sum let execution issue. It is so ordered. SHAW, C.J., and OVERTON,
McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
164-CITE: 549 So.2d 774 Jean SRENCO and Jacqueline S. Sincoff, Appellants, v. Harold SRENCO, as Personal
Representative of the Estate of Lillian Paul, Appellee.
TEXT: PER CURIAM. Jean Srenco and Jacqueline Sincoff appeal from a final judgment denying their
Pe...er a careful review of the record and upon our inspection of the will itself, we cannot say
that the finding below was clearly erroneous. Affirmed.
165-CITE: 587 So.2d 1169 ESTATE OF Harold VERNON, Alan Vernon, Ted Vernon and Melinda Vernon,
Appellants, v. SHEARSON, LEHMAN BROTHERS, INC., Appellee.
TEXT: POLEN, Judge. Harold Vernon, deceased, had an account with Shearson Lehman Brothers
(Shearso...tatutes (1989), and make a judicial finding as to the timeliness of Shearson s claim,
consistent with this opinion. ANSTEAD and STONE, JJ., concur.
166-CITE: 472 So.2d 1271 In Re ESTATE OF Leon Henry READ, Jr., Deceased.
TEXT: DELL, Judge. The personal representative of the Estate of Leon Henry Read, Jr. appeals from
...verrules established principles of law and sets on unwieldy and, I am convinced, unsound
precedent with which I cannot concur. Therefore, I dissent.
167-CITE: 509 So.2d 1286 Jorge LOPEZ, Appellant, v. PUBLIC HEALTH TRUST OF DADE COUNTY, Appellee.
TEXT: PER CURIAM. Nereida Lopez s estate appeals from the probate court s order denying its
petiti...z has no surviving spouse or dependent children, I would affirm the probate court s order
denying the motion to set aside the property as homestead.
168-CITE: 713 So.2d 434 OLD REPUBLIC SURETY COMPANY, Appellant, v. William E. REISCHMANN, as Personal
Representative of the Estate of George W. Toupin, Deceased, Appellee.
TEXT: PARKER, Chief Judge. Old Republic Surety Company (Old Republic) appeals the probate court s
...n that investigation. Because of Nichols, surety bonds in these cases may become harder and more
expensive to obtain. BLUE and QUINCE, JJ., concur.
169-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.
170-CITE: 493 So.2d 44 R.W. WILLIAMS and Lois W. MIZE, Appellants, v. The ESTATE OF Roy Levon WILLIAMS,
Deceased, Appellee.
TEXT: SHARP, Judge. Williams and Mize appeal from the denial of their motion to extend the time
in...cumscribed. Accordingly, we reverse the order appealed in this cause, and remand. REVERSED AND
REMANDED. UPCHURCH, C.J., and ORFINGER, J., concur.
171-CITE: 519 So.2d 679 Peggy Mixon HOWARD, Appellant, v. Thomas M. BAUMER, Personal Representative of
the Estate of William A. Howard, deceased; et al. Appellees.
TEXT: ORDER ON MOTIONS PER CURIAM. This cause is before us on five motions and a notice to the
co... the foregoing has been complied with. No motion for reconsideration of this order will be
entertained. MILLS, WENTWORTH and BARFIELD, JJ., concur.
172-CITE: 447 So.2d 944 Lydia BURKE, Appellant, v. Samuel BURKE, the natural father of Ernest Burke,
Deceased, Appellee.
TEXT: HENDRY, Judge. This is an appeal by Lydia Burke, putative wife and widow of Ernest Burke,
de... Burke may assert in the future. See Wallace v. Luxmoore, 156 Fla. 725, 24 So.2d 302 (1946);
Bambrick v. Bambrick, 165 So.2d 449 (Fla. 2d DCA 1964).
173-CITE: 642 So.2d 1119 Robert A. KOSCHLER and Louise Koschler, Appellants, v. Robert L. DEAN, as
Personal Representative of the Estate of William H. Dean, deceased, Appellee.
TEXT: PATTERSON, Judge. Appellants Robert and Louise Koschler challenge a final judgment quieting
...o. 679 (1939). We reverse the final judgment and remand for further proceedings consistent with
this opinion. FRANK, C.J., and QUINCE, J., concur.
174-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).
175-CITE: 562 So.2d 403 In re ESTATE OF Lydia M. SNYDER, Deceased.
TEXT: GARRETT, Judge. Appellant seeks review of the trial court s order dismissing his petition
to... by the client and the absence of proof of prejudice to the other party. Were prejudice shown
to the other party here, I would have opted to affirm.
176-CITE: 695 So.2d 443 Paul GALEGO, Appellant, v. Charles F. ROBINSON and Michael D. Galego, as
Co-Personal Representatives of the Estate of Frank C. Galego, Deceased, Appellees.
TEXT: CAMPBELL, Acting Chief Judge. Appellant challenges the trial court s nonfinal order denying
...So.2d 1316 (Fla. 2d DCA 1988); In re Estate of Vernon, 608 So.2d 510 (Fla. 4th DCA 1992).
Reversed and remanded. FRANK and NORTHCUTT, JJ., concur.
177-CITE: 472 So.2d 1274 Jean BOURGEOIS f n a Jean Marie Gorham and Mary McLoughlin f n a Mary Therese
Gorham, Appellants, v. Ellen EBERHART and John G. Eberhart, Appellees.
TEXT: WALDEN, Judge. This appeal concerns the construction to be given to this paragraph of
decede...ed to California. At that time the two mentioned nieces became vested with fee simply
title. Reversed and remanded. ANSTEAD and DELL, JJ., concur.
178-CITE: 643 So.2d 1132 In re the ESTATE OF Dykes James RIGGS, Deceased. Sondra Scott RIGGS, Appellant,
v. Jacqualyn WYROBA; Edward Wyroba; Linda Ruddy; Melanie Le Boeuf; Deborah Bartlett; and Dykes James
Riggs, Jr., Individually and as Personal Representative of the Estate of Dykes James Riggs,
Appellee.
TEXT: FARMER, Judge. The question involved in this appeal is whether the term, my entire estate,
i...th to admit the evidence and then to construe the will as the trial judge did. REVERSED.
GLICKSTEIN, J., and BROWN, LUCY, Associate Judge, concur.
179-CITE: 576 So.2d 797 In re the ESTATE OF Robert G. TROESTER, Deceased. Alfred LYONS, Appellant, v.
Margaret SMITH, Appellee.
TEXT: PER CURIAM. We affirm the summary judgment denying appellant s petition for establishment
an...itled to an award of fees and costs under section 733.106(2), Florida Statutes (1989).
Affirmed. RYDER, A.C.J., and LEHAN and PARKER, JJ., concur.
180-CITE: 521 So.2d 381 In re ESTATE OF Dante Frances DeMARCHIS, deceased.
TEXT: MILLS, Judge. The personal representative of the estate of the decedent appeals from an
orde...indicating that the trial court has yet considered it. It may be raised, if necessary, in a
subsequent appeal. WENTWORTH and BARFIELD, JJ., concur.
181-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.
182-CITE: 468 So.2d 320 Harold BLITS and Rose Judith Blits Levine, Appellants, v. Hannah BLITS,
Appellee.
TEXT: FERGUSON, Judge. Appellants, the son and daughter of the decedent, seek review of an order
d... the appellants may attempt to prove undue influence without the benefit of any such
presumption. Affirmed in part, reversed in part, and remanded.
183-CITE: 556 So.2d 786 Clifton H. SMITH and Betty Jean Smith Tolman, Appellant, v. Guion T. DeLOACH,
Appellee.
TEXT: HALL, Judge. The appellants, Clifton H. Smith and Betty Jean Smith Tolman, challenge the
ord...in pending, we affirm the trial court s order dismissing the cause for failure to prosecute.
Affirmed. CAMPBELL, C.J., and ALTENBERND, J., concur.
184-CITE: 452 So.2d 965 Julia Tedesco VALENTINE, Guardian of the person and property of Drayton Chew
Valentine, a minor, Appellant, v. Milton KELNER, Guardian Ad Litem, Appellee.
TEXT: BASKIN, Judge. Drayton Valentine died in 1974. In his will he created a trust for the
benefi...s other arguments and find them to be without merit. For these reasons, we reverse and
remand for further proceedings consistent with this opinion.
185-CITE: 533 So.2d 908 George H. KHOURY, Lawrence Khoury, Georgette King, and Eleanor Sedar,
Appellants, v. ESTATE OF Rose K. KASHEY, Appellee.
TEXT: JORGENSON, Judge. Upon a finding that the will contestants who petitioned to revoke the
prob...but also the client s endorsement of the disclosure and the continuing representation. Ward,
472 So.2d at 1162. The order under review is affirmed.
186-CITE: 700 So.2d 434 In re ESTATE OF George B. WALTERS, Sr., deceased. G.B. WALTERS, Jr., Appellant,
v. Lucille EDWARDS, Appellee.
TEXT: PARIENTE, Judge. This appeal arises from a final order on the personal representative s
peti...es, the parties advise us that Edwards lost the 40th Street property by foreclosure. Thus,
Edwards status may be an issue in subsequent proceedings.
187-CITE: 438 So.2d 531 Agatha E. NOTAR, a k a Agatha E. Spinelli, and Thomas M. Woodruff, Appellants,
v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Laszlo Stephen Dombrowsky, Deceased, Appellee.
TEXT: OTT, Chief Judge. On September 14, 1981, appellant Agatha E. Notar sued Laszlo S.
Dombrowsky... REVERSE the lower s court s orders and REMAND both cases for further proceedings
consistent with this opinion. GRIMES and SCHOONOVER, JJ., concur.
188-CITE: 689 So.2d 1137 FIRST UNION NATIONAL BANK OF FLORIDA, Appellant, v. Joyce AFTAB and Parry
Aftab, as Co-Personal Representatives of the Estate of Mansur Aftab, Deceased, Appellees.
TEXT: WARNER, Judge. First Union, a creditor of the estate of Mansur Aftab, appeals an order of
th... we reverse and remand for the entry of an order requiring the payment of the default interest
to First Union. PARIENTE and STEVENSON, JJ., concur.
189-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.
190-CITE: 563 So.2d 193 John L. DeSMIDT and John Rulong, as Copersonal Representatives of the Estate of
Hermanes K. DeSmidt, Deceased, Appellants, v. Beulah DeSMIDT, Appellee.
TEXT: ALTENBERND, Judge. The trial court granted Beulah DeSmidt, the surviving spouse of Hermanes
...stration, i.e., her reasonable living expenses, established the reasonableness of this allowance.
Affirmed. DANAHY, A.C.J., and LEHAN, J., concur.
191-CITE: 504 So.2d 543 In re ESTATE OF Delena ROWLAND, Deceased.
TEXT: PER CURIAM. We approve and adopt the trial court s order, which basically tracks its verbal
...an award of attorneys fees and costs upon separate motion and hearing. ANSTEAD and GLICKSTEIN,
JJ., and KLEIN, HERBERT M., Associate Judge, concur.
192-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.
193-CITE: 555 So.2d 378 Marvin J. HERSKOWITZ, Executor of the Estate of Bernard J. Herskowitz, deceased,
Appellant, v. Judith Eva HERSKOWITZ, Robert Herskowitz, and Mark Herskowitz, Appellee.
TEXT: PER CURIAM. This is an appeal and cross appeal from a June 24, 1988 final order of the
circu...berry, 69 Fla. 104, 121-22, 67 So. 862, 867 (1915); Perkins v. Salem, 249 So.2d 466 (Fla.
1st DCA 1971); Section 55.03, Fla Stat. (1987). Affirmed.
194-CITE: 503 So.2d 367 Julia F. GEGEN, Appellant, v. Virginia LEARY, Appellee.
TEXT: PER CURIAM. Appellant Julia F. Gegen, widow of decedent, seeks review of the Final Judgment
...la.1982); Ahlman v. Wolf, 483 So.2d 889 (Fla. 3d DCA 1986). See generally Tsavaris v. NCNB Nat l
Bank, 497 So.2d 1338 (Fla. 2d DCA 1986). Affirmed.
195-CITE: 482 So.2d 394 Eleanor ROONEY, Appellant, v. Herbert W. VOGELSANG and Robert D. Korner,
Appellees.
TEXT: PER CURIAM. Because the appellant Eleanor Rooney--the surviving spouse in a New York
probate...ent s real property in Florida. The order striking her objections to the personal
representative s application for such fees is therefore Affirmed.
196-CITE: 498 So.2d 525 Shaffey BASHURE, Appellant, v. ESTATE OF Emily B. PAULK, Appellee.
TEXT: THOMPSON, Judge. Appellant is the brother and an heir at law of the decedent Emily B.
Paulk,... Service Corp., 277 So.2d 265 (Fla.1973). The award of attorney s fees is premature and,
accordingly, is REVERSED. JOANOS and NIMMONS, JJ., concur.
197-CITE: 591 So.2d 308 Elmer L. FLANARY, et ux., Appellants, v. Larry BAILEY, etc., et al., Appellees.
TEXT: PER CURIAM. This is the appeal of a final judgment in garnishment ordering the personal
repr...ne, never been reversed, overruled or even modified, it appears to state the law in Florida.
REVERSED. DAUKSCH, W. SHARP and GRIFFIN, JJ., concur.
198-CITE: 712 So.2d 419 Naomi C. BROOKS, as Personal Representative of the Estate of John Warren
Phillips, Deceased, Appellant, v. Alice V. DEGLER, et al., Appellees.
TEXT: PER CURIAM. Naomi Brooks appeals a final judgment awarding attorneys fees to Appellees
Thoma...g amount owing to $23,313.77. We remand for entry of an order consistent herewith. REVERSED
AND REMANDED. COBB, GOSHORN and PETERSON, JJ., concur.
199-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.
200-CITE: 489 So.2d 215 Milton LEIFER, Appellant, v. Joseph LEIFER and Fay Swell, Appellees.
TEXT: PER CURIAM. Finding that appellant failed to preserve for appellate review the issue of the
... we affirm the order denying appellant s petition for revocation of probate and the orders taxing
costs and attorney s fees to appellant. Affirmed.
201-CITE: 569 So.2d 1273 In re ESTATE OF Adele M. LAFLIN. FIRST FIDELITY BANK, N.A., NEW JERSEY,
Petitioner, v. DISTRICT COURT OF APPEAL, FOURTH DISTRICT, Respondent.
TEXT: GRIMES, Justice. First Fidelity Bank, N.A., New Jersey, petitions this Court for a writ of
m...ore, the petition for a writ of mandamus is granted. It is so ordered. SHAW, C.J., and
OVERTON, McDONALD, EHRLICH, BARKETT and KOGAN, JJ., concur.
202-CITE: 598 So.2d 1083 In re The ESTATE OF Humphrey G. BOUSFIELD, Deceased, Appellant.
TEXT: PER CURIAM. Because we cannot confidently say that the trial judge actually admitted and
con...), fix the final fee allowed the personal representative s lawyer. REVERSED AND REMANDED WITH
DIRECTIONS. ANSTEAD, WARNER and FARMER, JJ., concur.
203-CITE: 688 So.2d 421 James Nielsen ROGERS, etc., Appellant, v. Charles Langdon ROGERS, et al.,
Appellees.
TEXT: JORGENSON, Judge. In this Dade County probate action, the personal representative appeals
fr...rent county within the State of Florida. What we find so novel in this case is the trial court
s impromptu transfer of the litigation to California.
204-CITE: 733 So.2d 1051 Robert M. BRAKE, Appellant, v. Edward P. SWAN, Third Successor Personal
Representative of the Estate of Eileen E. Murphy, Administrator ad Litem and Monitor of the Estate
of Dennis L. Murphy, Jr., and Eve Murphy and Richard Murphy, Appellees.
TEXT: COPE, J. Robert Brake appeals two orders of the probate division of the circuit court. We
af...d the previous Orders of this Court regarding the sale of the real property will result in
further sanctions to include a period of incarceration.
205-CITE: 574 So.2d 1205 Ronald L. BAKER, Appellant, v. ESTATE OF Jane M. AKE, Appellee.
TEXT: PER CURIAM. Appellant has appealed an award of attorneys fees and other orders in a probate
...Faircloth v. Faircloth, 339 So.2d 650 (Fla.1976) and Demetree v. State ex rel. Marsh, 89 So.2d
498 (Fla.1956). JOANOS, ALLEN and WOLF, JJ., concur.
206-CITE: 583 So.2d 801 In re ESTATE OF Ollie Mae ANDERSON, Deceased. Gwendolyn HOUSTON, Appellant, v.
Linda BROWN, et al., Appellee.
TEXT: WENTWORTH, Senior Judge. This is an appeal from a circuit court order removing the personal
...intment, the letters granted may be revoked and the person entitled to preference may have
letters granted to him after formal notice and hearing.
207-CITE: 507 So.2d 729 In re The ESTATE OF Austin PEARCE, Deceased.
TEXT: GLICKSTEIN, Judge. This is an appeal of an order in Okeechobee County probate court,
surchar...there was the possibility the other co-personal representative s refusal to join in the
appeal was improper. HERSEY, C.J., and GUNTHER, J., concur.
208-CITE: 666 So.2d 266 Carl SUGARMAN, in his capacity as Personal Representative of the Estate of Mort
Levin, Appellant, v. Abraham GALBUT, Discharged Guardian, Appellee.
TEXT: PER CURIAM. The personal representative of the estate of Mort Levin appeals an order of the
...ave a preclusive effect on the pending personal injury action, since no issues were litigated and
no factual findings were made below on the merits.
209-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.
210-CITE: 558 So.2d 208 In re ESTATE OF Paul F. GRANT, Deceased. William GRANT and Mary Grant, as
Copersonal Representatives of the Estate of Paul F. Grant, Appellants, v. Sheila NORRIS, as Personal
Representative of the Estate of Helen Grant, Appellee.
TEXT: ALTENBERND, Judge. The copersonal representatives of Paul F. Grant s estate appeal an order
... and prove that the property was property of the decedent that is the subject of administration.
Affirmed. DANAHY, A.C.J., and PARKER, J., concur.
211-CITE: 757 So.2d 1221 Margaret L. LEWSADDER, etc., Appellants, v. ESTATE OF Charles William
LEWSADDER, et al., Appellees.
TEXT: OWEN, WILLIAM C., Jr., Senior Judge. The Personal Representative ( PR ) of the Estate of
Cha...he claim of Drake Capital is affirmed. REVERSED, in part, AFFIRMED, in part, and remanded for
further proceedings. GUNTHER and GROSS, JJ., concur.
212-CITE: 631 So.2d 321 In re ESTATE OF Herbert John GLEASON a k a Jackie Gleason, Deceased. Kenneth E.
RAINE, as Trustee of the Television Trust Agreement, Appellant, v. Marilyn GLEASON, formerly
Personal Representative of the Estate of Herbert John Gleason, a k a Jackie Gleason, Appellee.
TEXT: KLEIN, Judge. The appellant (claimant) appeals an order denying his motion to reopen Jackie
...y the closing of this estate, which had been in probate for over three years. Affirmed. DELL,
C.J., and GROSS, ROBERT M., Associate Judge, concur.
213-CITE: 557 So.2d 640 Paul FINIZIO, as successor Personal Representative of the Estate of Julian Marx,
Appellant, v. David SHUBOW, Marlow Shubow and Michael Shubow, Appellees.
TEXT: DOWNEY, Judge. This appeal involves a final order of the circuit court, sitting in probate,
...re is, of course, a vast difference between these types of relief. Accordingly, the order
appealed from is affirmed. STONE and POLEN, JJ., concur.
214-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.
215-CITE: 640 So.2d 1200 Alexander Britton BROWNE, III, Appellant, v. Rita Myers BROWNE, Appellee.
TEXT: PER CURIAM. We affirm in all respects, with the exception that we remand and direct the
tria...sfy the mortgage on the marital home out of estate proceeds. ANSTEAD and STEVENSON, JJ., and
MICKLE, STEPHAN, and PIERRE, Associate Judges, concur.
216-CITE: 511 So.2d 708 In re ESTATE OF Victor HAMMER, Deceased. Armand HAMMER, Appellant, v. James R.
KNOTT, as Administrator Ad Litem of the Estate of Victor J. Hammer, Deceased, Appellee.
TEXT: GLICKSTEIN, Judge. This is a consolidation of appeals from two related but separate
proceedi...ird District holding the very statute at issue unconstitutional. Z & O Realty Associates,
Inc. v. Lakow, 12 F.L.W. 1542 (Fla. 3d DCA June 23, 1987).
217-CITE: 520 So.2d 331 In re ESTATE OF Ary A. SMITH, Deceased.
TEXT: PER CURIAM. This is an appeal from a final order, denying with prejudice a petition for
revo...the denial and remand with direction to proceed in accordance herewith. HERSEY, C.J.,
GLICKSTEIN, J., and TOBIN, DAVID L., Associate Judge, concur.
218-CITE: 610 So.2d 62 ST. JOHN S HOSPITAL AND HEALTH CENTER, Appellant, v. Barbara K. TOOMEY, Beverly
K. Olson, and Northern Trust Bank of Florida, N.A., as Co-Personal Representatives of the Estate of
James L. Knight, and the Estate of James L. Knight, Appellees.
TEXT: PER CURIAM. St. John s Hospital and Health Center Foundation [Foundation], appeals from an
o...our disposition on the above issue, we do not need to address the remaining points raised on
appeal. Reversed and remanded for further proceedings.
219-CITE: 695 So.2d 714 ESTATE OF Conway BROCK, deceased. Conway BROCK, Jr., Appellant, v. Newman D.
BROCK, Appellee.
TEXT: JOANOS, Judge. For the third time, we are called upon to review matters relating to the
prob...stant is affirmed; the order approving compensation of professionals is reversed and remanded
for further proceedings. BOOTH and WOLF, JJ., concur.
220-CITE: 589 So.2d 413 Carol BURNS, Appellant, v. ESTATE OF John Luther COBB, Sr., Deceased. Carol
BURNS, Appellant, v. Richard C. COBB and John L. Cobb, Jr., Appellees.
TEXT: COWART, Judge. The court has, on its own motion, combined the two above cases for the
purpos...1965). (FN7) Section 46.021, Florida Statutes; see also Taylor v. Orlando Clinic, 555 So.2d
876 (Fla. 5th DCA 1990). (FN8) Section 90.602, Fla.Stat.
221-CITE: 481 So.2d 69 In re The ESTATE OF Rosa Lee PEARCE, Deceased.
TEXT: DOWNEY, Judge. This is an appeal from an Order Granting Leave to File Amended Inventory,
det...ate, 177 So.2d 256 (Fla. 2d DCA 1965). Accordingly, the Order Granting Leave to File Amended
Inventory is affirmed. LETTS and WALDEN, JJ., concur.
222-CITE: 716 So.2d 817 Judith L. HEMKER, Appellant, v. Beldene C. ABDUL, as Personal Representative of
the Estate of Michael Evanco, and Annette Kits, Appellees.
TEXT: PARKER, Chief Judge. Judith L. Hemker appeals the final summary judgment entered in favor
of...at this point there are genuine issues of material fact which preclude summary judgment.
Reversed and remanded. ALTENBERND and GREEN, JJ., concur.
223-CITE: 677 So.2d 39 In re ESTATE of Walter L. LAMB, Deceased. Walter L. LAMB, Jr. and Douglas R.
Lamb, individually, and as Personal Representatives of the Estate of Walter L. Lamb, Deceased.
Appellants, v. Eleanor Ruth LAMB, Appellee.
TEXT: PER CURIAM. We affirm the three probate orders which are the subject of these consolidated
a... to the appellants litigating the issue of whether the appellee breached a pre-nuptial
agreement. GUNTHER, C.J., and FARMER and KLEIN, JJ., concur.
224-CITE: 582 So.2d 1254 Juan Gaspar DE ALBA, Appellant, v. Felix M. ADAMS, et al., Appellees.
TEXT: PER CURIAM. This is an appeal from an order striking a petition for revocation of probate
of...nstated and this cause remanded for an evidentiary hearing on the motion to strike. REVERSED
and REMANDED. DAUKSCH, COBB and GRIFFIN, JJ., concur.
225-CITE: 701 So.2d 107 SunTRUST BANK, NATURE COAST, etc., Appellant Cross-Appellee, v. GUARDIANSHIP OF
Donald NICHOLS, Appellee Cross-Appellant.
TEXT: THOMPSON, Judge. In this appeal, SunTrust Bank, Nature Coast ( SunTrust ), personal
represen...icular persons, may vary from time to time and must be determined according to the
particular purpose of, and matter involved in, any proceedings.
226-CITE: 681 So.2d 813 KELLY ASSISTED LIVING SERVICES, INC., Appellant, v. The ESTATE OF Frederick K.
REUTER, Appellee.
TEXT: PER CURIAM. The claimant in a probate proceeding below appeals from a trial court order
stri...an only apply to the second claim. To belabor the point, only the second claim can be
attacked as a duplicate since the first claim is the original.
227-CITE: 561 So.2d 603 Benjamin GORDON, Appellant, v. Howard RUSSELL and Leonard Russell, as Personal
Representatives of the Estate of Anne Gordon, and Barbara Russell, individually, Appellees.
TEXT: COPE, Judge. Appellant Benjamin Gordon seeks review of a summary final judgment upholding,
u...ed accounting. On these facts it is our conclusion that relief would be denied under the law of
New Jersey as well as the law of Florida. Affirmed.
228-CITE: 460 So.2d 989 In re the ESTATE OF Irene M. BRUMAGE, deceased. Roland BRUMAGE, Appellant, v.
Arne A. KIVI, Olavi Kivi, Helen Jokinen, Violet Laine, Appellees.
TEXT: DOWNEY, Judge. Irene M. Brumage died intestate April 28, 1980, as a result of injuries
infli...nt in finding that Roland was not entitled to the nonprobate assets. REVERSE AND REMAND FOR
CORRECTION OF JUDGMENT. LETTS and HURLEY, JJ., concur.
229-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.
230-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.
231-CITE: 464 So.2d 662 Peter M. CAMODECA, Personal Representative of the Estate of Anthony Camodeca,
deceased, Appellant, v. Frank CAMODECA, Appellee.
TEXT: RYDER, Chief Judge. Peter M. Camodeca, the personal representative for the estate of
Anthony...Therefore, we must reverse the trial court s final judgment and order judgment to be
entered in favor of the appellant. OTT and FRANK, JJ., concur.
232-CITE: 450 So.2d 905 Sylvan M. COHEN, Co-Trustee, Appellant, v. Rose King FRIEDLAND, Appellee.
TEXT: PER CURIAM. In Cohen v. Friedland, 447 So.2d 896 (Fla. 3d DCA 1983), we reversed a decision
...ew are reversed and the cause is remanded with instructions to return the $200,000 in funds from
the guardianship account back to the trust account.
233-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.
234-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.
235-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.
236-CITE: 710 So.2d 978 LENNAR FLORIDA PARTNERS I, L.P., et al., Petitioners, v. REWJB GAS INVESTMENTS,
et al., Respondents.
TEXT: PER CURIAM. We accepted jurisdiction to review Land O Sun Realty Ltd. v. REWJB Gas
Investmen...granted. Accordingly, we dismiss the petition. It is so ordered. KOGAN, C.J., and
OVERTON, SHAW HARDING, WELLS, ANSTEAD and PARIENTE, JJ., concur.
237-CITE: 587 So.2d 1163 In re the ESTATE OF Rose BIERMAN, deceased.
TEXT: PER CURIAM. Although we have thoroughly examined the issues raised on appeal and find no
err...ify the jurisdictional issue as a question of great public importance. ANSTEAD and WARNER,
JJ., and STEVENSON, W. MATTHEW, Associate Judge, concur.
238-CITE: 463 So.2d 273 In re ESTATE OF Sylvia M. ROBINS, Deceased. James CLARK, Personal
Representative, Appellant, v. Rose ECKERT, Appellee.
TEXT: RYDER, Chief Judge. The personal representative for the estate of Sylvia M. Robins appeals
a..., nor does this manner of notice contribute to the orderly and expeditious administration of
estates. Affirmed. SCHOONOVER and LEHAN, JJ., concur.
239-CITE: 439 So.2d 280 In re The ESTATE OF Wilbur E. KULOW, Deceased.
TEXT: GRIMES, Judge. This case involves a difficult interpretation of the nonclaim statute,
sectio...ired to file a claim in order to prosecute its cause of action. REVERSED. HOBSON, A.C.J.,
and THREADGILL, EDWARD F., Jr., Associate Judge, concur.
240-CITE: 669 So.2d 1062 Kathleen F. LONERGAN, etc., et al., Appellant, v. ESTATE OF Ethel L. BUDAHAZI,
Appellee.
TEXT: ANTOON, Judge. This is an appeal from an order admitting a copy of Ethel Budahazi s lost
wil...g, was competent and substantial, and thus supported the trial court s ruling. Accordingly, we
affirm. AFFIRMED. DAUKSCH and GOSHORN, JJ., concur.
241-CITE: 484 So.2d 73 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, Appellees.
TEXT: PER CURIAM. Appellant, William Montgomery, seeks review of an order granting a motion to
str...rule upon the motion to strike. Reversed and remanded for proceedings consistent herewith.
GRIMES, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.
242-CITE: 499 So.2d 853 In re ESTATE of Victor HAMMER, Deceased.
TEXT: PER CURIAM. AFFIRMED. WALDEN, J., and WEBSTER, PETER, Associate Judge, concur. LETTS, J.,
...tative himself to seek it, is no panacea. This being so, the probate judge abused his discretion,
however wide, in denying the petition for removal.
243-CITE: 754 So.2d 847 Roger DAUL, Dolores E. Carmichael and Lois Mae Nies, Appellants, v. Howard GOFF,
Personal Representative of the Estate of Senarita Manders, Appellee.
TEXT: NORTHCUTT, Judge. Mr. Daul, Ms. Carmichael and Ms. Nies, the children and heirs of Senarita
...will to probate. We remand with directions that Manders s estate be administered as an intestate
succession. PARKER, A.C.J., and DAVIS, J., Concur.
244-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.
245-CITE: 693 So.2d 88 Sarah M. PORTER, Appellant, v. The ESTATE OF William Joseph SPATES, deceased;
Alexander World, a k a Alex World Individually and As Personal Representative of the Estate of
William Joseph Spates, Deceased, Appellees, and Alexander WORLD, Appellant, v. In re ESTATE OF
William Joseph SPATES, Appellee.
TEXT: PER CURIAM. In this consolidated appeal, Sarah Porter and Alexander World challenge a final
...97 (Fla.1971). The case is REVERSED and REMANDED for further proceedings consistent with this
opinion. JOANOS, WOLF and VAN NORTWICK, JJ., concur.
246-CITE: 575 So.2d 227 Elizabeth BUSCHER, Appellant, v. George KASTRENAKES, as Personal Representative
of the Estate of Beatrice Nolan, and St. Andrews Greek Orthodox Church of Kendall, Inc., Appellees.
TEXT: PER CURIAM. Elizabeth Buscher appeals a final order denying her petition for revocation of
p...lude that no reversible error has been shown with respect to appellant s alternative points on
appeal. The order under review is therefore affirmed.
247-CITE: 745 So.2d 1057 NELSON & LA FEMINA, P.A., Appellant, v. GUARDIANSHIP OF Bertha PLATSKY, etc.,
Appellee.
TEXT: SCHWARTZ, Chief Judge. The ruling of the trial judge in reducing a plainly excessive but
oth...r hour and 73.60 hours of paralegal time at $75.00 per hour. See generally Miller v. First
American Bank & Trust, 607 So.2d 483 (Fla. 4th DCA 1992).
248-CITE: 513 So.2d 1332 Katherine L. VAN DUSEN, G. William Van Dusen, and Michael Van Dusen, lawful
heirs of the Estate of William Van Dusen, Appellants, v. SOUTHEAST BANK, N.A., Appellee.
TEXT: PER CURIAM. In the first appearance of this case we reversed a summary judgment and
remanded...eturn a verdict for the plaintiff. See City of Hialeah v. Rehm, 455 So.2d 458 (Fla. 3d
DCA 1984), rev. denied, 462 So.2d 1107 (Fla.1985). Affirmed.
249-CITE: 529 So.2d 267 Linda Susan DOHNAL and Robert Louis Dohnal, as personal representatives of the
estate of Susanne Dohnal, deceased, Petitioners, v. SYNDICATED O