IN RE ESTATE OF JUANITA LEWIN, DECEASED. JAY LEWIN, INDIVIDUALLY AND AS FORMER PERSONAL REPRESENTATIVE OF THE ESTATE OF JUANITA LEWIN, DECEASED, HELEN NEFF, INDIVIDUALLY AND AS FORMER ADMINISTRATRIX OF THE ESTATE OF ROSALIE LEWIN, DECEASED, PHILIP LEWIN AND ALICE LEWIN LEWINSON, APPELLANTS,
v.
DOROTHY M. MARKSBURY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CHENAULT M. MARKSBURY, DECEASED, APPELLEE
PER CURIAM.
This is an appeal from a final judgment in an intestate probate proceeding in which the trial court (a) set aside a prior order of distribution on the ground that the personal representative of the estate failed to make a diligent search and inquiry to determine the true heirs of the decedent, (b) made a new order of distribution to the personal representative of the sole heir of the decedent herein, and (c) required the distribu-tees under the prior order of distribution to return the monies received thereunder. Such distributees appeal raising a number of contentions relating to the admissibility of evidence received by the trial court, the sufficiency of evidence to sustain the findings of the trial court, and the return of the monies ordered by the trial court. We have carefully examined the appellants’ brief and can find no authority cited therein to upset the final judgment. Indeed, it is our duty to affirm based on the following authorities. Shaw v. Shaw, 334 So. 2d 13, 16 (Fla.1976); In re Estate of Pennington, 226 So. 2d 881, 884 (Fla.2d DCA 1969); §§ 731.201(1), 733.903, Fla.Stat. (1977).
Affirmed.
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Citator
Cited By
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Payette v. Clark, 559 So. 2d 630 (Fla. 2d DCA 1990)…184 (Fla.1989);1 Whitman v. Whitman, 532 So. 2d [*634] 82 (Fla. 3d DCA 1988); Feldan v. Goodman, 460 So. 2d 515 (Fla. 3d DCA 1984). Second, the petition can be maintained under section 733.903, Florida Statutes (1987).2 Estate of Lewin v. Marksbury, 374 So. 2d 58 (Fla. 3d DCA 1979); see also Fla.P.R. 5.460. We reverse the order of the trial court dismissing counts one through four of the petition and direct that these counts be reinstated in the probate division of the court. Lastly, we address the authorit…
Authorities Cited
- Shaw v. Shaw, 334 So. 2d 13 (Fla. 1976)
- In re Est. of James K. Pennington v. Phillips, 226 So. 2d 881 (Fla. 2d DCA 1969)