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FERNANDEZ-FOX v. ESTATE OF LINDSAY

No. 5D07-717.

972 So.2d 281 (2008)

Roberta FERNANDEZ-FOX, Appellant, v. ESTATE OF David P. LINDSAY, Deceased, Appellee.

District Court of Appeal of Florida, Fifth District.

January 18, 2008.

Attorney(s) appearing for the Case

Teresa N. Phillips and Alexander S. Douglas, II, of Pohl & Short, P.A., Winter Park, for Appellant.

Craig Corbett and James B. Byrne, of Law Office of James B. Byrne, Jr., P.A., Longwood, for Appellee, Vivienne Titus.

Mark A. Reyes, Sanford, for Appellee, Estate of David P. Lindsay.

PLEUS, J.

Roberta Fernandez-Fox appeals a trial court order denying her petition for an extension of time to file an independent action against the estate of David P. Lindsay. Fox argues that the trial court erred in finding that a motion to strike was the same as an objection and, because the trial court's order was premised on this finding, reversal is required. We agree and reverse.

Fox and Lindsay owned a duplex as tenants in common and attempted to change...

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