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ZRILLIC v. ESTATE OF ROMANS

No. 88-49.

535 So.2d 294 (1988)

Lorraine E. ZRILLIC, Appellant/Cross Appellee, v. ESTATE OF Lorraine E. ROMANS, Deceased, Appellee/Cross Appellant. and Shriners Hospital for Crippled Children, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 4, 1989.

Attorney(s) appearing for the Case

Peggy Tribbett Gehl, Ft. Lauderdale, and Linda Chambliss of Copeland and Chambliss, Ft. Lauderdale, for appellant/cross appellee.

Lawrence E. Dolan of Lawrence E. Dolan, P.A., Orlando, James G. Lloyd, James C. Erdman and Betty Merrick, as Co-Personal Representatives for appellee/cross appellant, Estate of Lorraine E. Romans, deceased.

William S. Belcher and Joseph W. Fleece, III, of Belcher and Fleece, P.A., St. Petersburg, for appellee Shriners Hospital for Crippled Children.

GLICKSTEIN, H.S., Associate Judge.

Appellant seeks reversal of the trial court's order denying her petition to avoid a charitable devise. We conclude the trial court erred in holding section 732.803, Florida Statutes (1985) unconstitutional under the federal and state equal protection clauses, reverse the order, and remand.

Although addressing the similar predecessor statute, the supreme court's holding in Taylor v. Payne, 154 Fla. 359, 17 So.2d 615...

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