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IN RE TRUST OF ASTON

No. 70-343.

245 So.2d 674 (1971)

In re TRUST under the Will OF Fred A. ASTON, Deceased.

District Court of Appeal of Florida, Fourth District.

March 8, 1971.

Attorney(s) appearing for the Case

John H. Wahl, Jr., and Charles P. Sacher of Walton, Lantaff, Schroeder, Carson & Wahl, Miami, for appellant, Fred A. Aston, III.

John C. Strickroot and Charles Lea Hume of Fowler, White, Humkey, Burnett, Hurley & Banick, Miami, for appellees, Jayne M. Aston and John W. Aston.

WALDEN, Judge.

This appeal challenges the correctness of a post judgment order which granted a petition for rehearing under the auspices of Rule 1.540(b), F.R.C.P., 31 F.S.A. We reverse as a matter of procedural law.

Based upon the answer, waiver and consent filed in proper person by John W. Aston and Jayne M. Aston, the circuit court entered its final appealable order construing the will of Ada E. Aston. The critical...

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