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MARLOWE v. BROWN

Nos. 4D03-3076, 4D04-2071.

944 So.2d 1036 (2006)

Clifford G. MARLOWE, as Executor of the Estate of Catherine W. Brown, Appellant, v. Richard E. BROWN, Sr., and Huntington National Bank, N.A., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 22, 2006.

Attorney(s) appearing for the Case

Stephen Rakusin of The Rakusin Law Firm, A Professional Association, Fort Lauderdale, for appellant, and Russell J. Ferraro, Jr. of Ferraro & Ferraro, P.A., Stuart, withdrawn as counsel after filing brief.

James L.S. Bowdish and Jennifer L. Williamson of Crary, Buchanan, Bowdish, Bovie, Beres, Elder & Thomas Chartered, Stuart, for appellee Richard E. Brown, Sr.

Steven L. Perry of McCarthy, Summers, Bobko, Wood, Sawyer & Perry, P.A., Stuart, for appellee Huntington National Bank, N.A.

GROSS, J.

This consolidated appeal arises from divorce and probate cases involving Catherine Brown and Neuberne Brown, Jr. Neuberne died before the entry of a final judgment of dissolution of marriage. We hold that a "mediation settlement agreement" entered into at the beginning of the divorce case does not control the distribution of property after the husband's death.

After a 25-year marriage, the wife filed for divorce on August 21, 2001. The parties came...

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