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IN RE ESTATE OF VERNON

No. 93-0363.

637 So.2d 365 (1994)

In re ESTATE OF Harold VERNON, Deceased. George H. BAILEY, as administrator ad litem of the Estate of Harold Vernon, deceased, Appellant, v. CAPITAL BANK, a Florida banking corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

June 1, 1994.

Attorney(s) appearing for the Case

John R. Hargrove and Paula Revene, Heinrich, Gordon, Batchelder, Hargrove & Weihe, Fort Lauderdale, and William H. Davis, Giles, Hedrick & Robinson, Orlando, for appellant.

Steven J. Glueck, Howard F. Ullman and Richard A. Warren, Ullman & Ullman, P.A., North Miami Beach, for appellee.

PER CURIAM.

The administrator ad litem of the estate of Harold Vernon, deceased, appeals from a final order dismissing the amended petition for return of improper distribution to appellee. We reverse and remand.

There are two issues on appeal:

I. Whether a four-year limitation period will time bar a fiduciary from recovering assets preferentially transferred to an estate creditor where the action to recover the assets is commenced prior to the estate...

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