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VAN DUSEN v. SOUTHEAST BANK, N.A.

No. 86-2206.

513 So.2d 1332 (1987)

Katherine L. VAN DUSEN, G. William Van Dusen, and Michael Van Dusen, Lawful Heirs of the Estate of William Van Dusen, Appellants, v. SOUTHEAST BANK, N.A., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 9, 1987.

Attorney(s) appearing for the Case

Peter Kneski, Miami, for appellants.

Steel Hector and Norman Davis and W. Peter Burns, Miami, for appellee.

Before HENDRY, FERGUSON and JORGENSON, JJ.

PER CURIAM.

In the first appearance of this case we reversed a summary judgment and remanded the case for trial, holding that a probate court order discharging the personal representative was no bar to an action by the heirs against the representative for a breach of fiduciary duty. Van Dusen v. Southeast First Nat'l Bank, 478 So.2d 82 (Fla. 3d DCA 1985). The facts are set out in that case.

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