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IN RE ESTATE OF TROESTER

No. 89-03161.

576 So.2d 797 (1991)

In re the ESTATE OF Robert G. TROESTER, Deceased. Alfred Lyons, Appellant, v. Margaret SMITH, Appellee.

District Court of Appeal of Florida, Second District.

March 8, 1991.

Attorney(s) appearing for the Case

David J. Gruskin, St. Petersburg, for appellant.

Irene H. Sullivan and Marian B. Rush of Harris, Barrett, Mann & Dew, St. Petersburg, for appellee.

PER CURIAM.

We affirm the summary judgment denying appellant's petition for establishment and probate of a lost or destroyed will. See In re Estate of Parson, 416 So.2d 513 (Fla. 4th DCA 1982); Steiner v. Ciba-Geigy Corp., 364 So.2d 47 (Fla. 3d DCA 1978). We find no merit in appellant's argument that he was nonetheless entitled to an award of fees and costs under section 733.106...

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