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IN RE ESTATE OF ROSENSTEIN

Nos. 74-1665, 75-1136.

326 So.2d 239 (1976)

In re ESTATE OF Julius ROSENSTEIN. Morton Allen SMITH, Appellant, v. Nelan SWEET, As Executor for the Estate of Julius Rosenstein, Appellee.

District Court of Appeal of Florida, Third District.

February 3, 1976.

Attorney(s) appearing for the Case

Pettigrew & Bailey and Thomas A Gribbin, Miami, for appellant.

Burnett Roth, Miami Beach, for appellee.

Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.

HENDRY, Judge.

Appellant, petitioner in probate and plaintiff in an action in contract, brings these consolidated appeals from orders of the circuit court, probate division, striking his answer and petition in probate and dismissing with prejudice his second amended complaint filed in the general jurisdiction division and transferred to the probate division.

On August 15, 1973, Julius Rosenstein died leaving a sizeable estate. Appellant, as one of many takers...

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