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IN RE ESTATE OF SIMON

No. 88-2654.

549 So.2d 210 (1989)

In re ESTATE OF Goldie SIMON. Bernard GASTEL, Individually and As Co-Personal Representative of the Estate of Goldie Simon, Appellant, v. LEVIN & FISHMAN, P.A., Irwin Bertman, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 13, 1989.

Attorney(s) appearing for the Case

Steel Hector Davis Burns & Middleton, and Robert W. Goldman, and Sue Ann Hochberg, West Palm Beach, for appellant.

Stanton G. Levin, Miami, Richard H.W. Maloy, Key Biscayne, for appellees.

Before HUBBART, LEVY and GERSTEN, JJ.

PER CURIAM.

This is an appeal from a final order awarding attorney's fees. The award was based on section 733.609, Florida Statutes (1987) and section 733.106(3), Florida Statutes (1987). We reverse and remand.

In 1981, appellant, Bernard Gastel, was appointed personal representative of the estate of Goldie Simon, deceased. Beneficiaries of Goldie Simon included Barbara Bertman and Beverly Clark. Thereafter, Barbara Bertman died and her estate was substituted...

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