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IN RE ESTATE OF BRANDT

No. 91-3781.

613 So.2d 1365 (1993)

In re the ESTATE OF Doris Stokes BRANDT, Deceased.

District Court of Appeal of Florida, First District.

February 17, 1993.

Attorney(s) appearing for the Case

Scott W. Smiley of Webster & Smiley, P.A., Crawfordville, for appellant Cutler Godfrey.

Darla Jean Christopher of Brown and Christopher, Starke, for appellees Peter Stokes Godfrey and Consuelo Godfrey Dodge.

WEBSTER, Judge.

Appellant seeks review of an order entered in a probate proceeding, which struck with prejudice his "Verified Petition to Revoke a Fraudulent Administration" because he failed to appear for his deposition as ordered. Appellant argues that the trial court abused its discretion when it struck his petition with prejudice. We agree and, accordingly, reverse.

On May 30, 1991, appellee Peter Stokes Godfrey, the son of the decedent, filed a petition...

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