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IN RE ESTATE OF BARTON

No. 93-00658.

631 So.2d 315 (1994)

In re The ESTATE OF Johnny Glenn BARTON. Delores BARTON, as Personal Representative, Appellant, v. Susan POOLE, Appellee.

District Court of Appeal of Florida, Second District.

January 21, 1994.

Attorney(s) appearing for the Case

Charles H. McQuillan, Tampa, for appellant.

No appearance for appellee.

CAMPBELL, Judge.

Appellant, the personal representative of the estate, argues that the trial court improperly allowed appellee's child support claims to be taken out of the $35,000 settlement from the survivors' wrongful death action. We agree.

There were two actions filed here: A wrongful death action and a probate action. Each was assigned to a different court division and was given a different case number. The wrongful death petition did not include any...

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