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SIMPSON v. ESTATE OF SIMPSON

No. 5D05-333.

922 So.2d 1027 (2006)

Mark R. SIMPSON and Robert L. Simpson, Appellants, v. ESTATE OF H. James SIMPSON, Jr., etc., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 14, 2006.

Attorney(s) appearing for the Case

Thomas P. Callan, G. Robertson Dilg, and Timothy A. Dix, of Thomas P. Callan, P.A., Orlando; Charles W. Sell of Shuffield Lowman, Orlando; and Thomas W. Brown of Brannon, Brown, Haley, Robinson & Bullock, P.A., Lake City, for Appellants.

Marc L. Lubet and Lisa A. Franchina, Orlando, for Appellee.

PLEUS, C.J.

Mark Simpson and his father, Robert Simpson, appeal a final order discharging the personal representative, Anita Simpson, in the estate of James ("Jim") Simpson. They argue that the probate court abused its discretion in finding, in a prior order, that Mark was not a reasonably ascertainable creditor of Jim's estate. We agree and reverse.

Jim Simpson died on June 29, 2001. His wife and personal representative of his estate, Anita Simpson, filed...

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