WERNER v. ESTATE OF McCLOSKEY

No. 1D06-3520.

943 So.2d 1007 (2006)

Andrew J. WERNER, Appellant, v. ESTATE OF Vivian K. McCLOSKEY a/k/a Vivian Mary McCloskey, Appellee.

District Court of Appeal of Florida, First District.

December 13, 2006.


Attorney(s) appearing for the Case

William Nussbaum, and Hollyn J. Foster of Slott, Barker & Nussbaum, Jacksonville, for Appellant.

Frederick R. Brock of Gartner, Brock and Simon, Jacksonville, for Appellee.


WEBSTER, J.

Appellant, the personal representative named in his late mother's will, seeks review of a final order denying his request that he be appointed personal representative and, instead, appointing his sister, Ann Niznik, who had been named by their mother as alternate personal representative should appellant be unable to serve. Because we conclude that no legal basis existed for denying appellant's request, we reverse and remand with directions that the trial...

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