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GAINES v. SAYNE

No. SC95134.

764 So.2d 578 (2000)

Eugene F. GAINES, Petitioner, v. Lynn SAYNE, as personal representative of the estate of Chlodel H. Gaines, Respondent.

Supreme Court of Florida.

July 13, 2000.

Attorney(s) appearing for the Case

John B. Gibbons of Salem, Saxon & Nielsen, P.A., Tampa, Florida, for Petitioner.

Theodore J. Rechel and Donald A. Foster of Rechel & Associates, Tampa, Florida, for Respondent.

ANSTEAD, J.

We have for review Gaines v. Sayne, 727 So.2d 351 (Fla. 2d DCA 1999), which expressly and directly conflicts with the opinion in Johnson v. Feeney, 507 So.2d 722 (Fla. 3d DCA 1987), on the issue of whether the death of a party after entry of a final decree of dissolution of marriage but prior to a decision on a timely motion for rehearing automatically voids the dissolution...

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