EDWARD J. LOCASCIO, APPELLANT,
v.
THE ESTATE OF SILVIA M. LOCASCIO, APPELLEE

Fla. 3d DCA | 2011-06-29
Nos. 3D10-2576, 3D10-3449
Before SUAREZ and LAGOA, JJ., and SCHWARTZ, Senior Judge.
78 So. 3d 573 Florida District Court of Appeal, Third District (2011) Positive Treatment
Cited by 6 cases
Opinion of the Court
SCHWARTZ, Senior Judge.

*574SCHWARTZ, Senior Judge.

Edward J. LoCascio appeals from an order removing him as successor personal representative of his deceased mother’s estate. See LoCascio v. Sharpe, 23 So.3d 1209 (Fla. 3d DCA 2009); see also Golden & Cowan, P.A. v. In re Estate of Locasdo, 41 So.3d 1113 (Fla. 3d DCA 2010). Because the “hearing” which preceded the ruling did not meet even the most rudimentary requirements of due process, including without limitation the presentation of evidence, it is reversed and the cause remanded with directions to reinstate the appellant as personal representative and for the prompt final resolution of this already over-protracted proceeding.1

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Zulon v. Peckins, 81 So. 3d 647 (Fla. 3d DCA 2012)
    …removing her as co-personal representative of her father’s estate. Because removal was ordered without notice or an evidentiary hearing, “the ruling did not meet even the most rudimentary requirements of due process.” LoCascio v. Estate of LoCascio, 78 So. 3d 573, 574 (Fla. 3d DCA 2011). We reverse and remand with instructions to reinstate the co-personal representatives;1 discharge Mr. Peckins as successor personal representative; and conduct a duly noticed evidentiary hearing regarding the [*648] removal o…
  • Lezcano v. In re Est. OF Exzun Lazaro Hidalgo, 88 So. 3d 306 (Fla. 3d DCA 2012)
    …use [the] removals were] ordered without notice or an evidentiary hearing, ‘the ruling did not meet even the most rudimentary requirements of due process.’ ” Zulon v. Peckins, 81 So. 3d 647 (Fla. 3d DCA 2012) (quoting LoCascio v. Estate of LoCascio, 78 So. 3d 573, 574 (Fla. 3d DCA 2011)). We reverse and remand with instructions to reinstate Lezcano as personal representative of the estate and co-trustee of the trust, and discharge Mr. Mendez as curator of the estate. Reversed and remanded with directions.…
  • Walker v. Bailey, 89 So. 3d 297 (Fla. 5th DCA 2012)
    …A 1993). Here, the probate court apportioned the settlement entirely to Ms. Bailey without a hearing and without considering any evidence.1 This procedure denied Mr. Walker due process. The order must be reversed. See LoCascio v. Estate of LoCascio, 78 So. 3d 573, 574 (Fla. 3d DCA 2011). REVERSED and REMANDED. GRIFFIN and EVANDER, JJ„ concur. . Mr. Walker also argues that Ms. Bailey breached her fiduciary duty to reasonably and equitably apportion the settlement proceeds, correctly contending that she had…

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