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WALKER v. BAILEY

No. 5D11-2416.

89 So.3d 297 (2012)

Kenneth WALKER, Appellant, v. Beatrice BAILEY, Appellee.

District Court of Appeal of Florida, Fifth District.

June 1, 2012.

Attorney(s) appearing for the Case

Robert C. Wilkins, Jr. , B.C.S., of Robert C. Wilkins, Jr., P.L., Maitland, for Appellant.

Sean F. Bogle , Winter Park, for Appellee.

ORFINGER, C.J.

Kenneth Walker appeals a probate court order allocating all of the settlement proceeds of a wrongful death action to Beatrice Bailey. For the reasons that follow, we reverse.

Lekeina Walker, the fifteen-year-old child of Mr. Walker and Ms. Bailey, died at the Orlando Regional Medical Center, allegedly as the result of medical malpractice. Ms. Bailey was appointed the personal representative of Lekeina's estate and filed a wrongful death suit...

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