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WHEELER v. POWERS

No. 5D07-494.

972 So.2d 285 (2008)

Kenneth B. WHEELER, Appellant, v. Albert POWERS, etc., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

January 18, 2008.

Attorney(s) appearing for the Case

Alex C. Costopoulos and Alexander S. Douglas, II of Pohl & Short, P.A., Winter Park, for Appellant.

David A. Burt and Donald E. Hawkins of Hawkins, Hawkins & Burt, LLP, Daytona Beach, for Appellee.

PERRY, B., Associate Judge.

Kenneth B. Wheeler appeals the trial court's order dismissing his probate revocation petition for lack of standing in the probate of the estate of Dorothy L. Powers. Because we conclude that Mr. Wheeler has standing as the alternate personal representative under a prior Will, we reverse and remand for further proceedings.

In 2000, Dorothy L. Powers and her husband, Albert Powers, retained Kenneth B. Wheeler, an estates and trust...

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