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CUTLER v. CUTLER

No. 3D04-3070.

994 So.2d 341 (2008)

Edward T. CUTLER, Appellant, v. Cynthia CUTLER, In re The Estate of Edith Alice Cutler, Appellee.

District Court of Appeal of Florida, Third District.

September 3, 2008.

Attorney(s) appearing for the Case

Billbrough & Marks, and G. Bart Billbrough and Geoffrey B. Marks, for appellant.

Brian R. Hersh and Andrew Teschner; Shutts & Bowen and William Jay Palmer, for appellee.

Goldman Felcoski & Stone and Robert W. Goldman, Naples; Brigham and Moore and John W. Little, III, West Palm Beach, as Amicus Curiae.

Before GERSTEN, C.J., and COPE, GREEN, RAMIREZ, WELLS, SHEPHERD, SUAREZ, CORTIÑAS, ROTHENBERG, LAGOA and SALTER, JJ.

ON MOTION FOR REHEARING, REHEARING EN BANC, CLARIFICATION, AND CERTIFICATION

WELLS, Judge.

Appellant seeks rehearing, rehearing en banc, clarification, and certification of this Court's opinion filed February 28, 2007. We grant the motion for rehearing en banc, withdraw our prior opinion, and substitute the following modified opinion in its stead.

I. PROCEDURAL BACKGROUND

Edward T. Cutler appeals from an order declaring a devise...

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