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ESTATE OF FERNANDEZ

No. 48524.

335 So.2d 829 (1976)

In re the ESTATE OF Eneida FERNANDEZ, Deceased. STATE of Florida On the Relation of Leopoldo FERNANDEZ, Appellant, v. The Honorable Joseph NESBITT, Appellee.

Supreme Court of Florida.

July 21, 1976.

Attorney(s) appearing for the Case

Arnaldo Velez, Taylor, Brion, Buker & Greene, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Bernard S. McLendon, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, for appellee.

ENGLAND, Justice.

This case is before us on direct appeal from the probate division of the Dade County Circuit Court. We are asked to review an order denying letters of administration to Leopoldo Fernandez, the husband of Eneida Fernandez who died intestate while a resident of Dade County.

Mr. Fernandez is a resident of Dade County, but is not a citizen of the United States. Solely because of his lack of citizenship, the trial judge denied his petition for...

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