ALLEN v. GORE

No. 84-1171.

478 So.2d 118 (1985)

William C. ALLEN, II, Mariana Allen, Joanna Milliken Allen and Mary S. Allen, Appellants, v. George H. GORE, Nancy F. Lundy, and Richard F. Nelson, Appellees.

District Court of Appeal of Florida, Fourth District.

November 13, 1985.


Attorney(s) appearing for the Case

Oliver Addison Parker, Fort Lauderdale, for appellants.

Arthur M. Wolff of Wolff and Gora, P.A., Fort Lauderdale, for appellee Lundy.

Jonathan L. Gaines and E. Bruce Johnson of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellee Gore.


PER CURIAM.

We reverse and remand the final summary judgment for further proceedings on the authority of DeWitt v. Duce, 408 So.2d 216 (Fla. 1981). The appellants were not actual parties to a prior probate proceeding, and we simply cannot determine, on the basis of the existing record, whether the appellants had an adequate remedy in the probate court.

ANSTEAD, C.J., WALDEN, J., and CARLISLE, JAMES T., Associate Judge...

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