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RELINGER v. FOX

No. 2D10-1139.

55 So.3d 638 (2011)

Robert Reed RELINGER, as Personal Representative of the Estate of Robert B. Fox, Petitioner, v. Beverly A. FOX; Russell A. Fox; and Citigroup Global Markets, Inc. d/b/a Citi Smith Barney, Respondents.

District Court of Appeal of Florida, Second District.

February 9, 2011.

Attorney(s) appearing for the Case

Randee S. Schatz of Randee S. Schatz, P.A., Palm Beach, and Kenni F. Judd of Kenni Judd, P.A., Palm Beach Gardens, for Petitioner.

James V. Lobozzo, Jr. , of McClure & Lobozzo, Sebring, for Respondents Beverly A. Fox and Russell A. Fox.

No appearance for Respondent Citigroup Global Markets, Inc. d/b/a Citi Smith Barney.

NORTHCUTT, Judge.

Robert Relinger seeks a writ of certiorari to quash an order that abated his suit against Beverly and Russell Fox. We grant the petition.

Relinger is the personal representative of the estate of Robert Fox, and he is administering a 1984 will by Fox, who died on January 23, 2009. Beverly and Russell Fox are the decedent's siblings, and they have produced a 2007 trust document and pour-over will. They filed a petition for revocation of the...

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