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BROGAN v. MULLINS

No. 84-243.

452 So.2d 940 (1984)

Pauline BROGAN, Personal Representative of the Estate of Jimmy Kenneth Rainey, Deceased, Petitioner, v. Terri Joyce Rainey MULLINS, Jimmy Kenneth Rainey, Jr., and Margaret Dell Rainey-Moore, Respondents.

District Court of Appeal of Florida, Fifth District.

As Modified on Motion for Clarification July 12, 1984.

Rehearing Denied July 12, 1984.

Attorney(s) appearing for the Case

Edwin D. Davis, II, South Daytona, for petitioner.

William N. Gambert, Daytona Beach, for respondents.

COBB, Judge.

The petitioner, Pauline Brogan, as personal representative of the Estate of Jimmy Kenneth Rainey, deceased, seeks a writ of certiorari (alternatively, a writ of prohibition) to review an order of the trial court rendered on January 18, 1984. The record before us shows that the respondents, children of the decedent by a prior marriage, filed separate statements of claim against his estate on November 1, 1982. They failed to file an action on these claims...

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