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WEISS v. BERKETT

No. 3D03-3171.

883 So.2d 299 (2004)

Patricia Pollak WEISS, Appellant, v. Phyllis Pollak BERKETT, Individually and as the Successor Interim Trustee of the Trusts Under the Will of Albert Pollak, Deceased, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied October 13, 2004.

Attorney(s) appearing for the Case

Patricia Pollak Weiss (Sag Harbor, NY), in proper person.

Hirschorn & Bieber, P.A., and Joel Hirschhorn and Brian H. Bieber, for appellee.

Before SCHWARTZ, CJ., and SHEVIN, J., and DAUKSCH, JAMES C., Jr., Senior Judge.

Rehearing and Rehearing En Banc Denied October 13, 2004.

PER CURIAM.

This is an appeal from an order dismissing a complaint in a probate matter.

Although the order is not explicit in its reasons, we are not convinced that any proper grounds for dismissal were presented by appellee. Therefore, the order is reversed and this cause remanded for further proceedings toward the end of a trial on the merits.

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