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WALKER v. TINDALL

No. 89-03237.

567 So.2d 50 (1990)

Sonya WALKER and Tonnia Triplett, Appellants, v. Reecy TINDALL, As Personal Representative of the Estate of Barbara C. Arnold, Deceased, Appellee.

District Court of Appeal of Florida, Second District.

September 26, 1990.

Attorney(s) appearing for the Case

Harold E. Barker and Jon H. Anderson of Jon H. Anderson & Associates, P.A., Lakeland, for appellants.

Steven A. Royal and Charles F. Mixon, Jr. of Mixon & Hubbell, Tampa, for appellee.

PER CURIAM.

We reverse the trial court's order approving fees paid by the former personal representative of this estate to herself and to her attorney. Those fees had been paid without court approval at the time. In approving those prior payments the trial court erred in its apparent reliance upon a purported "presumption of correctness" of the amounts of the payments. See § 733.6175, Fla. Stat. (1987). The trial court also erred in failing to make the...

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