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GOLDENBERG v. GOLDEN

No. 3D99-2966.

769 So.2d 1144 (2000)

Nicole Dirado GOLDENBERG, Appellant, v. Eunice GOLDEN, individually, Robin Golden Polte, individually, and Paul K. Wiener, individually and Co-Trustee under Will of Sam Wiener dated June 22, 1972, and Marvin Selig and Clyde Selig, as Co-Trustees under Will of Sam Wiener dated June 22, 1972, Appellees.

District Court of Appeal of Florida, Third District.

November 1, 2000.

Attorney(s) appearing for the Case

Michael R. Bass, Ft. Lauderdale, for appellant.

Holland & Knight LLP, and Lucinda A. Hofmann and Christopher Boyett, Miami; Adrienne F. Promoff, Miami, for appellees.

Before COPE, GERSTEN and FLETCHER, JJ.

On Clarification Granted

COPE, J.

On consideration of appellee's motion for clarification, we withdraw the opinion dated August 2, 2000, and substitute the following opinion.

Nicole Dirado Goldenberg appeals an adverse summary judgment in a declaratory judgment action to determine trust beneficiaries. We reverse.

By will, Sam Wiener created a trust whose initial beneficiary was his wife, Jean Wiener. Sam Wiener died in 1975, and the...

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