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RUSLER v. ESTATE OF BUCHAN

No. 87-1300.

524 So.2d 1128 (1988)

James RUSLER, Appellant, v. ESTATE OF James P. BUCHAN, Deceased, Appellee.

District Court of Appeal of Florida, Fifth District.

May 12, 1988.

Attorney(s) appearing for the Case

R. Michael Kennedy of Kennedy and Fuller, P.A., South Daytona, for appellant.

Richard T. Taylor of Taylor and Early, P.A., Deland, for appellee.

COWART, Judge.

A father was missing after the 1985 Mexico City earthquake. His son was appointed his conservator under chapter 747, Florida Statutes. A creditor filed an action against the conservator on an unpaid promissory note executed by the father.1 Before service of the complaint on the conservator, a probate proceeding was filed in which (1) it was established that the father was deceased, (2) the son was appointed personal representative...

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