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IN RE ESTATE OF MELISI

No. 82-975.

440 So.2d 584 (1983)

In re ESTATE OF Samuel J. MELISI, Deceased.

District Court of Appeal of Florida, Fourth District.

On Rehearing December 7, 1983.

Attorney(s) appearing for the Case

Joel M. Weissman of Sales & Weissman, P.A., West Palm Beach, for appellant — Virginia Melisi.

Sam D. Phillips, Jr., of Sam D. Phillips, Jr., P.A., and James F. Simpson, West Palm Beach, for appellee — Jo Ann Day.

DOWNEY, Judge.

The critical question involved herein is whether the real property in controversy was homestead and the decedent's interest therein not subject to devise because he was survived by a minor child.

The stipulated facts reflect that as a result of the marital union between Samuel and Virginia Melisi a child, Michele, was born. In March, 1981, the marriage was dissolved and Virginia was awarded custody...

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