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IN RE ESTATE OF POSNER

No. 86-570.

492 So.2d 1093 (1986)

In re ESTATE OF Abraham POSNER, Deceased. Janin POSNER DE MILDENBERG, Petitioner, v. GRANCOLOMBIANA CORPORATION FINANCIERA. S.A.; Fabrica De Hilados Y Tejidos De Hato, S.A.; and Comercia, S.A.; the Honorable Francis J. Christie, Circuit Judge, 11TH Judicial Circuit, Respondents.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 10, 1986.

Attorney(s) appearing for the Case

Smith & Mandler and Samuel Smith and Robert W. Goldman, Miami, for petitioner.

Ezell, Menendez & Patterson and William D. Matthewman, Miami, for respondent Grancolombiana Corporacion Financiera, S.A.

Valdes-Fauli, Cobb & Petrey and Clemente L. Vazquez-Bello and James D. Silver, Miami, for respondents Fabrica de Hilados y Tejidos de Hato, S.A., and Comercia, S.A.

Before SCHWARTZ, C.J., and FERGUSON and JORGENSON, JJ.

PER CURIAM.

We agree with the petitioner that the probate court departed from the essential requirements of law when it permitted contingent creditors to take pre-judgment discovery in aid of execution. See In re Estate of Shaw, 340 So.2d 491 (Fla. 3d DCA 1976). The caveats filed by the respondents pursuant to section 731.110, Florida Statutes (1983), are ample protection of their interests. See Gomez v. Jackson Memorial...

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