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BOREN v. SUNTRUST BANK

No. 2D10-1904.

46 So.3d 1156 (2010)

Elizabeth Small BOREN, Appellant, v. SUNTRUST BANK, as Personal Representative of the Estate of Jane Harris Small, and Brian Y. Miller, Appellees.

District Court of Appeal of Florida, Second District.

November 3, 2010.

Attorney(s) appearing for the Case

Joseph W. Fleece, III , of Baskin Fleece, Clearwater, for Appellant.

Kimberly A. Bald and Brian L. Trimyer of Harllee & Bald, P.A., Bradenton, for Appellee SunTrust Bank.

No appearance for Appellee Brian Y. Miller.

MORRIS, Judge.

Elizabeth Boren appeals a final order wherein the circuit court determined that Boren's mother's contractual interest in a condominium—which was owned by Boren's mother at the time of her death—was not homestead property protected from claims of creditors. By virtue of this determination, the value of the contractual interest was included in Boren's mother's estate, and as a result, the amount payable to SunTrust for its services in acting...

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