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WINSTON v. WINSTON

No. 95-2276.

684 So.2d 315 (1996)

Ronald WINSTON, as Personal Representative and former Co-Guardian of the Estate of Edna Vivian Winston, Deceased, Appellant, v. Bruce WINSTON, Appellee.

District Court of Appeal of Florida, Fourth District.

December 18, 1996.

Attorney(s) appearing for the Case

Arthur J. England, Jr., John G. Crabtree of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, for appellant.

Samuel S. Smith of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, and Edward H. Wohl of Wohl & Entwistle, New York, NY, for appellee.

PARIENTE, Judge.

Appellant, Ronald Winston (Ronald), appeals a final order which vacated a prior order transferring assets from a guardianship to a marital trust. Because the conduct complained of does not constitute extrinsic fraud as a matter of law, the trial court erred in vacating the order more than one year after its entry.

Ronald and appellee, Bruce Winston (Bruce), were the sons of Harry Winston and Edna Winston. Both Harry and Edna died testate;...

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