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BAILLARGEON v. SEWELL

No. 2D08-3828.

33 So.3d 130 (2010)

Jan BAILLARGEON, as Personal Representative of the Estate of Frank D'Alessandro, deceased, Appellant, v. Randolph SEWELL and Daphne Sewell, as Class Representatives for persons named and unnamed, Appellees.

District Court of Appeal of Florida, Second District.

April 30, 2010.

Attorney(s) appearing for the Case

Robert L. Donald of Law Offices of Sherman & Donald, Fort Myers, and André J. Patrone of Patrone & Kemp, P.A., Fort Myers, for Appellant.

Daniel L. Wallach of Becker & Poliakoff, P.A., Fort Lauderdale, for Appellees.

WALLACE, Judge.

Two creditors of a decedent filed a statement of claim in an estate administration proceeding on behalf of themselves and a class of persons similarly situated. The personal representative of the estate moved to strike the claim to the extent that it attempted to assert claims on behalf of persons other than the claimants. After a hearing, the circuit court ruled that the filing of the claim was unnecessary because a federal action asserting the class...

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