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BENTON v. TRAVELERS INSURANCE COMPANY

No. 90-0295.

585 So.2d 434 (1991)

Claudet BENTON, As Personal Representative of the Estate of George Aranyi, Appellant, v. The TRAVELERS INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

September 4, 1991.

Attorney(s) appearing for the Case

Thomas A. Hoadley of Hoadley and Noska, P.A., West Palm Beach, for appellant.

John R. Bello, Jr., and Elliot R. Good of Chorpenning, Good, Gibbons & Cohn, Tampa, for appellee.

PER CURIAM.

REVERSED. We agree with appellant that the trial court erred in striking the pleadings of the estate because of the failure of one of the beneficiaries to appear for a deposition. The beneficiary, an elderly citizen and resident of Hungary, was not joined as a party in the proceedings and was not served with any process to secure her appearance in Florida. We do not believe that the fact that the beneficiary stands to gain if the estate's claim is successful...

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