Provenzano v. Provenzano

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2008 ROSS PROVENZANO, JR., Appellant, v. DANIEL PROVENZANO, JOANNE OLSZEWSKI PROVENZANO, and DONALD R. WALTERS, Appellees. No. 4D07-2273 August 6, 2008 PER CURIAM. The parties d o not dispute that it was error to appoint Donald Walters, a stranger to the estate, as personal representative, without affording Appellant and Appellees notice and an opportunity to be heard on their competing motions for appointment. We reverse the order and remand for further proceedings o n the motions for appointment of personal representative. STONE, HAZOURI, JJ. and GERBER, JONATHAN, ASSOCIATE JUDGE, CONCUR. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Mel Grossman, Judge; L.T. Case No. PRC05-0004354. Thomas M. Karr and David R. Carlisle of Duane Morris LLP, Miami, for appellant. Jonathan Feuerman of Therrel Baisden, P.A., a n d Terrence S. Schwartz of Law Offices of Terrence S. Schwartz, Miami, for AppelleesDaniel Provenzano and Joanne Olszewski Provenzano. Not final until disposition of timely filed motion for rehearing.

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