JAMES F. STILLMAN v. SUNTRUST BANK

No. 4D4D03-1249.

861 So.2d 101 (2003)

JAMES F. STILLMAN, Appellant, v. SUNTRUST BANK and Thomas W. Johnson, as Co-Personal Representative of the Estate of Timothy G. Stillman, deceased, Appellees.

District Court of Appeal of Florida, Fourth District.

December 17, 2003.


Attorney(s) appearing for the Case

John Farina of Boyes & Farina, P.A., West Palm Beach, for appellant.

Stephen L. Ziegler and Stephen J. Simmons of Murray, Simmons & Ziegler, LLP, Fort Lauderdale, for appellees.


PER CURIAM.

There were errors in the procedure by which the probate court entered a final judgment determining that appellant's petition to revoke probate was not timely filed. However, appellant received a full and fair evidentiary hearing on the issue. We conclude that appellant waived the right to rely on the procedural defect of which he complains by tacitly consenting to the procedure employed by the court. We affirm as to all issues.

WARNER, GROSS and...

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