Martini v. Estate of Louise B. Conner

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT MARY CATHRYN MARTINI, ) ) Appellant, ) ) v. ) ) ESTATE OF LOUISE B. CONNER, ) deceased; and WILLIAM H. HUTCHINGS, ) as Personal Representative, ) ) Appellees. ) ___________________________________ ) Case No. 2D12-921 Opinion filed May 22, 2013. Appeal from the Circuit Court for Pasco County; Walter L. Schafer, Jr., Judge. D. Christopher Alfonso of D. Christopher Alfonso, P.L., Tampa, for Appellant. Patricia A. Carroll of Law Offices of Patricia Carroll, P.A., Dade City, for Appellees. LaROSE, Judge. Mary Cathryn Martini appeals the probate court's order denying her petition to determine property exempt from the Estate of Louise B. Conner, Ms. Martini's mother. See§ 732.402, Fla. Stat. (2011); Fla. Prob. R. 5.406. We have jurisdiction. Fla. R. App. P. 9.170(b)(13). Ms. Martini argues that the denial of her petition without notice and an opportunity to be heard violated her due process rights. See art. I,§ 9, Fla. Const.; Ryan's Furniture Exch., Inc. v. McNair, 162 So. 483, 487 (Fla. 1935); Fleming v. Demps, 918 So. 2d 982, 984-85 (Fla. 2d DCA 2005); Shappell v. Guardianship of Naybar, 876 So. 2d 690, 691 (Fla. 2d DCA 2004). William H. Hutchings, as personal representative of the Estate of Louise B. Conner, concurs. Therefore, we reverse and remand for reconsideration of the petition after notice and a hearing. Reversed and remanded. NORTHCUTT and CRENSHAW, JJ., Concur. -2-

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