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IN RE ESTATE OF SMITH

No. 93-731.

640 So.2d 1152 (1994)

In re ESTATE OF Charles W. SMITH, Deceased. Shirley I. SCRUGGS, Appellant, v. Dale S. WILSON and Harold "Buddy" Jimmison, Co-Personal Representatives, H.H. Adams, Flora C. Jones, Louise G. Smith, Frank O. Young, Alma Young, his wife, Clyde S. Hicks and Harold "Buddy" Jimmison, Individually, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied August 23, 1994.

Attorney(s) appearing for the Case

Barry J. Fuller, Orange Park, for appellant.

Bruce D. Johnson of Donahoo, Donahoo & Ball, Jacksonville, for appellees.

KAHN, Judge.

Shirley I. Scruggs appeals from a final summary judgment in which the trial court determined that the statute of limitations in section 95.11(3)(b), Florida Statutes (1991), bars her from bringing an action to determine her paternity for purposes of intestate succession. We find that Ms. Scruggs may institute an action to establish her paternity in a probate proceeding and reverse.

Ms. Scruggs was born out of wedlock in 1932. Her birth certificate...

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