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CLEMENT v. MANDEL

No. 85-2506.

486 So.2d 690 (1986)

Robert CLEMENT, Appellant, v. Robert S. MANDEL, Personal Representative of the Estate of Felix S. Solomon, Billie Streib, et al., Purported Maternal Heirs; Manuel Solomon, et al., Purported Paternal Heirs; and Paul R. Stanton, Guardian Ad Litem for Incompetent or Unknown Maternal and Paternal Relatives of Felix S. Solomon, Appellees.

District Court of Appeal of Florida, Third District.

April 15, 1986.

Attorney(s) appearing for the Case

Marina Barturen, Miami, and Robert Gagniuk, for appellant.

White & Brown, Miami, Sullivan, Admire & Sullivan and Jack G. Admire, Wellisch, Metzger & Stanton and Paul R. Stanton, Coral Gables, for appellees.

Before BASKIN, FERGUSON and JORGENSON, JJ.

PER CURIAM.

We agree with the appellant that the trial court erred in denying, on the basis of laches, Robert Clement's petition to be determined the lawful heir of Felix S. Solomon. See Sheffield v. Barry, 153 Fla. 144, 14 So.2d 417 (1943). The judgment denying Clement's petition is, accordingly, reversed. On remand, we direct the trial court to consider the other issues raised below which it declined to address, including the effect of the Michigan probate...

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