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MILLER v. ESTATE OF BAER

Nos. 4D01-3763, 4D01-4792, 4D02-53.

837 So.2d 448 (2002)

Christopher MILLER, an interested party and beneficiary of the Estate of Elaine Benedict Baer and Joyce Mussano, Personal Representative of the Estate of Elaine Benedict Baer, Appellants, v. ESTATE OF Elaine Benedict BAER, and Citibank, FSB, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 26, 2003.

Attorney(s) appearing for the Case

Jay B. Watson of Asbury & Watson, P.A., Jacksonville, for appellant Christopher Miller.

Kimberly L. Boldt of Angelo, Barry & Boldt, P.A., Fort Lauderdale, for appellant Joyce Mussano.

Jack A. Falk, Jr. of Dunwody, White & Landon, P.A., Coral Gables, for appellee Citibank, FSB.

HAZOURI, J.

This consolidated appeal involves orders entered in a probate proceeding in which Citibank sought to enforce its claim against the Estate of Elaine Benedict Baer. After conducting an evidentiary hearing, the trial court ruled in favor of Citibank enforcing its claim against the estate, requiring the return of improper distributions to beneficiaries, Christopher Miller and Lisa Benedict1 that resulted in a shortfall in estate...

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