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BARTELT v. BARTELT

No. 90-1324.

579 So.2d 282 (1991)

Wesley J. BARTELT, Individually and As Personal Representative of the Estate of Calvin C. Bartelt, Deceased, Appellant, v. Calvin E. BARTELT, Appellee.

District Court of Appeal of Florida, Third District.

May 7, 1991.

Attorney(s) appearing for the Case

Marie Alice Crano, Lake Wales, for appellant.

Browning, Guller and Associates, P.A., and Charlene G. Guller, Key West, for appellee.

Dennis R. White, Naples, Rohan Kelley, Fort Lauderdale, Belcher & Fleece, P.A., and William S. Belcher, St. Petersburg, for amicus curiae the Real Property, Probate and Trust Law Section of The Florida Bar.

Before SCHWARTZ, C.J., and BARKDULL, HUBBART, NESBITT, BASKIN, FERGUSON, JORGENSON, COPE, LEVY, GERSTEN and GODERICH, JJ.

JORGENSON, Judge.

The personal representative of the estate of Calvin C. Bartelt appeals from an order declaring that the decedent's adult son, the devisee of the decedent's homestead property, takes that property free of the claims of the estate's creditors. Upon its own motion, this court reheard this case en banc to answer a question of great public importance and to determine the viability of In re Estate of Hill, 552 So.2d 1133...

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