SWARTZ v. RUSSELL

No. 85-239.

481 So.2d 64 (1985)

David SWARTZ, Individually and As Co-Personal Representative and Beneficiary of the Estate of Max Swartz, Deceased, Appellant, v. David A. RUSSELL, As Administrator of the Estate of Max Swartz, Deceased, and Peter Swartz and Esther Swartz, Individually and As Co-Personal Representatives and Beneficiaries of the Estate of Max Swartz, Deceased, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 20, 1986.


Attorney(s) appearing for the Case

Sparber, Shevin, Shapo & Heilbronner and Jeffrey M. Weissman and Glenn J. Waldman, Miami, for appellant.

Walters, Costanzo, Russell, Zyne & Newman, Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin and Joel S. Perwin, Miami, for appellees.

Before HENDRY, NESBITT and BASKIN, JJ.


NESBITT, Judge.

David Swartz appeals an order compelling him to vacate certain real property and ordering him to do all that he can to cause his wholly owned corporation to vacate that property. We reverse.

Probate proceedings commenced regarding the estate of Max Swartz on July 14, 1978. The deceased's sons, David and Peter Swartz, and his widow, Esther Swartz, were appointed co-personal representatives of the estate.1 At the...

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