COHEN V. SCHWARTZ

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002 ** ROBERT COHEN, ** Appellant, ** vs. CASE NO. GERALD SCHWARTZ, as Personal ** Representative of the Estate of Irene Cohen, ** LOWER TRIBUNAL NO. Appellee. 3D01-3057 77-5590 ** Opinion filed October 30, 2002. An Appeal from the Circuit Court for Miami-Dade County, Maria M. Korvick, Judge. Sender & Wasserman, and Harvey Sender; Alan C. Gold; and Jesse C. Jones, for appellant. Golden & Cowan, and Edward I. Golden; and Jay M. Levy, for appellee. Before SCHWARTZ, C.J., and RAMIREZ, J., and NESBITT, Senior Judge. PER CURIAM. Robert Cohen appeals an order that authorized the execution of a settlement agreement and supplemental settlement agreement in a Florida estate to which he is a beneficiary entitled to receive an equal one-third distribution. We reverse, pursuant to section 733.602, Florida Statutes (2001), because appellee Gerald Schwartz, the personal representative of the Florida estate, admits that Cohen will not receive an equal share under the settlement agreement. Reversed. 2

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