WEISS V. BERKETT

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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 JANUARY TERM A.D., 2004 PATRICIA POLLAK WEISS, ** ** Appellant, ** CASE NO. 3D03-3171 vs. ** PHYLLIS POLLAK BERKETT, Individually and as the ** Successor Interim Trustee of the Trusts Under the Will of Albert ** Pollak, Deceased, LOWER TRIBUNAL NO. 01-4024 Appellee. Opinion filed June 23, 2004. An Appeal from the Circuit Court for Miami-Dade County, Arthur Rothenberg, Judge. Patricia Pollak Weiss (Sag Harbor, NY), in proper person. Hirschorn & Bieber, P.A., and Joel Hirschhorn and Brian H. Bieber, for appellee. Before SCHWARTZ, CJ., and SHEVIN, J., and DAUKSCH, James C., Jr., Senior Judge. PER CURIAM. This is an appeal from an order dismissing a complaint in a probate matter. Although the order is not explicit in its reasons, we are not convinced that any presented by appellee. proper grounds for dismissal were Therefore, the order is reversed and this cause remanded for further proceedings toward the end of a trial on the merits. Reversed and remanded. 2

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