FLEMING v. DEMPS

No. 2D04-4299.

918 So.2d 982 (2005)

Henrietta FLEMING, Appellant, v. Robert DEMPS, as Personal Representative of the Estate of Lillie Mae Mason, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 27, 2006.


Attorney(s) appearing for the Case

Eric K. Allen of The Allen Law Firm, P.A., Lakeland, for Appellant.

Ronald L. Cason of Law Offices of Ronald L. Cason, Fort Pierce, for Appellee.


SILBERMAN, Judge.

Henrietta Fleming appeals a final judgment in which the probate court determined that certain funds are the property of Lillie Mae Mason's estate and that the funds should be administered as estate funds. Because the probate court made a final determination as to ownership of the funds without providing an opportunity to be heard to Ms. Fleming, we reverse.

Prior to her death, Ms. Mason (the decedent) resided in a nursing home. She had approximately...

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