KORBIN v. GINSBERG

No. 69-476.

232 So.2d 417 (1970)

Mel Robert Matalon KORBIN, Steven Douglas Matalon Korbin and Wendy Rose Matalon Korbin, Minors, by and through Their Guardian and Next Friend, Lili Berlin, Appellants, v. Daniel L. GINSBERG, Executor of the Estate of Benjamin R. Berlin, Deceased, and Irving Korbin, Appellees.

District Court of Appeal of Florida, Fourth District.

March 11, 1970.


Attorney(s) appearing for the Case

Philip Edelman, Miami, for appellants.

Daniel L. Ginsberg, North Miami Beach, for appellee Daniel L. Ginsberg, Executor.


OWEN, Judge.

Benjamin R. Berlin filed a petition to legally adopt his wife's three minor children by her previous marriage. While that matter was still pending, Mr. Berlin was killed in an automobile accident, whereupon the court on its own motion dismissed the adoption proceedings for want of jurisdiction to proceed.

The minor children, through their mother as next friend, then brought a separate action in the circuit court against the executor of the estate...

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