IN RE ESTATE OF ABRAHAM POSNER, DECEASED. JANIN POSNER DE MILDENBERG, PETITIONER,
v.
GRANCOLOMBIANA CORPORACION FINANCIERA, S.A.; FABRICA DE HILADOS Y TEJIDOS DE HATO, S.A.; AND COMERCIA, S.A.; THE HONORABLE FRANCIS J. CHRISTIE, CIRCUIT JUDGE, 11TH JUDICIAL CIRCUIT, RESPONDENTS
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PER CURIAM.
We agree with the petitioner that the probate court departed from the essential requirements of law when it permitted contingent creditors to take pre-judgment discovery in aid of execution. See In re Estate of Shaw, 340 So. 2d 491 (Fla. 3d DCA 1976). The caveats filed by the respondents pursuant to section 731.110, Florida Statutes (1983), are ample protection of their interests. See Gomez v. Jackson Memorial Hospital, 309 So. 2d 564 (Fla. 3d DCA 1975). We, therefore, grant certiorari and quash the order denying petitioner’s motions for protective orders. We decline to review, however, the orders denying the petitioner’s motions for summary judgment. See, e.g., Harte v. Palm Beach Biltmore Condominium Association, Inc., 436 So. 2d 444 (Fla. 4th DCA 1983); Vanco Construction, Inc. v. Nucor Corp., 378 So. 2d 116 (Fla. 5th DCA 1980).
Certiorari granted; order denying petitioner’s motions for protective orders quashed.
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Amendments to the Florida Probate Rules, 824 So. 2d 849 (Fla. 2002)…t in the assessment of costs, including attorney’s fees, in every instance in which discovery is sought. Subdivision (c) is not intended to overrule the holdings in In re Estate of Shaw, 340 So. 2d 491 (Fla. 3d DCA 1976), and In re Estate of Posner, 492 So. 2d 1093 (Fla. 3d DCA 1986). Rule History 1975 Revision: This rule is the same as prior rule 5.080, broadened to include guardianships and intended to clearly permit the use of discovery practices in non-adversary probate and guardianship matters. 1977 Re…1 / 2
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In re Amendments to the Florida Probate Rules, 948 So. 2d 735 (Fla. 2007)…in the assessment of costs, including attorney’s fees, in every instance in which discovery is sought. Subdivision (c) is not intended to overrule the holdings in In re Estate of Shaw, 340 So. 2d 491 (Fla. 3d DCA 1976), and In re Estate of Posner, 492 So. 2d 1093 (Fla. 3d DCA 1986). Rule History 1975 Revision: This rule is the same as prior rule 5.080, broadened to include guardianships and intended to clearly permit the use of discovery practices in non-adversary probate and guardianship matters. 1977 Revi…
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Delmonico v. Crespo, 59 So. 3d 337 (Fla. 4th DCA 2011)…le only in aid of execution after judgment). Thus, we find that the trial court departed from the essential requirements of law when it prematurely allowed discovery in aid of execution of a non-existent judgment. See, e.g., In re Estate of Posner, 492 So. 2d 1093, 1093 (Fla. 3d DCA 1986) (finding “the probate court departed from the essential requirements of law when it permitted contingent creditors to take prejudgment discovery in aid of execution”). We accordingly grant the petition for writ of certiorar…
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- Vanco Constr., Inc. v. Nucor Corp., 378 So. 2d 116 (Fla. 5th DCA 1980)
- Harte v. Palm Beach Biltmore Condo. Ass'n, Inc., 436 So. 2d 444 (Fla. 4th DCA 1983)
- In re the Est. of Sarah Shaw v. Ader, 340 So. 2d 491 (Fla. 3d DCA 1976)
- Gomez v. Jackson Mem'l Hosp., 309 So. 2d 564 (Fla. 3d DCA 1975)