District Court of Appeal of Florida

Final order discharging a personal representative in an estate is reversed where the probate court abused its discretion in finding that decedent's nephew was not a reasonably ascertainable creditor of the decedent's estate since the merits of the nephew's claim should have been determined in an independent action.

Appellate Information

• Decided 02/17/2006
• Published 02/17/2006

Judges

• PLEUS, C.J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Thomas P. Callan, G. Robertson Dilg, and Timothy A. Dix, of Thomas P. Callan, P.A., Orlando;  Charles W. Sell of Shuffield Lowman, Orlando;  and Thomas W. Brown of Brannon, Brown, Haley, Robinson & Bullock, P.A., Lake City, for Appellants.


• For Appellees:
  
• Marc L. Lubet and Lisa A. Franchina, Orlando, for Appellee.