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IN RE ESTATE OF KOSHUBA

No. 2D06-5500.

993 So.2d 983 (2007)

In re ESTATE OF Walter J. KOSHUBA, deceased. Robin Vazquez, as Personal Representative of the Estate of Walter J. Koshuba, deceased, Appellant, v. Mary A. Byrski, as Guardian ad Litem for the heirs of Walter J. Koshuba, deceased; Edward Zilewicz; and Advocacy & Protective Services, Inc., as Guardian for Mykola Koshuba, Appellee.

District Court of Appeal of Florida, Second District.

October 10, 2007.

Attorney(s) appearing for the Case

James W. Mallonee of James W. Mallonee, P.A., Port Charlotte, for Appellant.

Mary A. Byrski, as Guardian ad Litem, pro se.

No appearance for Appellee Edward Zilewicz.

No appearance for Advocacy & Protective Services, Inc., as Guardian for Mykola Koshuba.

FULMER, Judge.

Robin Vazquez, personal representative of the Estate of Walter J. Koshuba, challenges an order denying authorization to sell real property owned by the decedent, Mr. Koshuba. We reverse and remand for further proceedings because we conclude that the trial court erred in finding that "no cause of action or claim was timely filed by the purchaser," Mr. Zilewicz.

On September 12, 2003, Mr. Koshuba signed a contract agreeing to sell real property...

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