BRAKE v. MURPHY

No. 93-1514.

636 So.2d 72 (1994)

Eileen M. BRAKE, Appellant, v. Eve E. MURPHY, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearings Denied June 7, 1994.


Attorney(s) appearing for the Case

Robert M. Brake, for appellant.

Harold M. Braxton and Richard T. Kozek, Jr., for appellees.

Before SCHWARTZ, C.J., and HUBBART and COPE, JJ.


PER CURIAM.

Eileen Brake appeals an order surcharging her pursuant to section 733.609, Florida Statutes (1991), for negligence and breach of fiduciary duty as personal representative of the estate of Eileen E. Murphy. We affirm in part and reverse in part.

After approximately eighteen days of evidentiary hearings, the trial court found that Eileen Brake had "acted improperly and in bad faith in the actions she undertook or failed to undertake while serving...

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