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BLITS v. BLITS

No. 86-1781.

507 So.2d 721 (1987)

Harold BLITS, Appellant, v. Hannah BLITS, As Personal Representative of the Estate of Juda Blits, Deceased, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 23, 1987.

Attorney(s) appearing for the Case

Breger & Breger and Richard Breger, North Miami Beach, for appellant.

Harry Zukernick and Wilbur G. Silverman, Miami Beach, for appellee.

Before BARKDULL, NESBITT, and FERGUSON, JJ.

PER CURIAM.

Because disputed issues of material fact remain unresolved, we reverse the probate court's judgment, which is in effect a final summary judgment. See Fla.R.Civ.P. 1.510(c). Even if the probate court correctly assumed that Harold Blits, in his personal capacity, was able to admit the assertion in the request for admission, cf. Krasa v. Derrico, 193 S.W.2d 891 (Tex. Ct. App. 1946) (admitted request...

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