SMITH v. SMITH

Case No. 1D16-2409.

232 So.3d 509 (2017)

Katherine Anne SMITH, Appellant/Cross-Appellee, v. Douglas W. SMITH and E. Drew Mitchell, as co-personal representatives of the estate of Robert H. Smith. In re: Estate of Robert H. Smith, Appellees/Cross-Appellants.

District Court of Appeal of Florida, First District.

Rehearing Denied January 10, 2018.


Attorney(s) appearing for the Case

F. Wallace Pope, Jr. , Brandon D. Bellew , and Caitlein J. Jammo of Johnson, Pope, Bokor, Ruppel & Burns, LLP, Clearwater, for Appellant/Cross-Appellee.

Dubose Ausley and Kevin A. Forsthoefel of Ausley McMullen, Tallahassee; James P. Judkins and Larry D. Simpson of Judkins, Simpson & Schulte, Tallahassee, for Appellees/Cross-Appellants.


This is an appeal and cross-appeal from an order ruling on Appellees' motion to dismiss various counts of a petition filed by Appellant in the probate of her husband's estate. We affirm in all respects and write only to address Appellant's contention that the trial court erred in dismissing with prejudice her claim seeking removal of Appellees...

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