WARD V. NESTOR

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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., 2004 TRACY POSNER WARD, KELLY POSNERGERSTENHABER, JARRETT POSNER, ** and SEAN POSNER, ** Appellants ** vs. ** BRENDA NESTOR, as Personal Representative of the Estate of Victor Posner, and TROY POSNER, Appellees ** ** CASE NO.3D03-2989 CONSOLIDATED: 3D03-2973 LOWER TRIBUNAL NO. 05-595 02-2058 02-1027 Opinion filed October 13, 2004. An Appeal from the Circuit Court for Miami-Dade County, D. Bruce Levy, Judge. Hunton & Williams and Marty Steinberg and Thomas R. Julin and Eduardo Gonzalez and Daniel Fridman for appellants Kelly Posner-Gerstenhaber, Jarrett Posner and Sean Posner; Alschuler Grossman Stein & Kahan and Stanton L. Stein and Mark A. Neubauer and Michael A. Sherman and Rebecca Edelson; Golden & Cowan and Edward I. Golden and Steven M. Toister, for appellant Tracy Posner Ward. Ferrell, Schultz, Carter & Fertel and Joseph Beeler; Tescher, Gutter, Chaves, Josepher, Rubin, Ruffin & Forman and Norman A. Fleisher; Kirkland & Ellis and Andrew B. Clubok and Richard A. Cordray and John P. Consoulin, for appellees. Before SHEVIN, WELLS and SHEPHERD, JJ. PER CURIAM. Tracy Posner Ward, Kelly Posner-Gerstenhaber, Jarret Posner, and Sean Posner, petitioners seeking partial or total revocation of Victor Posner s June 28, 2001 will, appeal from two probate court orders, one approving a settlement agreement between co-petitioner Troy Posner, Victor Posner s estate and the personal representative individually, the other denying their joint motion for appointment of an administrator ad litem. Upon consideration of the arguments made in the parties briefs and at oral argument, we dismiss both appeals as premature without prejudice to re-raising both issues following final disposition of the revocation proceedings. 2

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