LoCascio v. Estate of LoCascio

Full title: Edward J. LoCascio, Appellant, v. The Estate of Silvia M. LoCascio…

Court: District Court of Appeal of Florida, Third District

Date published: Jun 29, 2011

Nos. 3D10-2576 3D10-3449 (Fla. Dist. Ct. App. Jun. 29, 2011)

Opinion

Nos. 3D10-2576 3D10-3449.

Opinion filed June 29, 2011.

Appeals from the Circuit Court for Miami-Dade County, Arthur L. Rothenberg, Judge. Lower Tribunal No. 01-4625.

Austin Carr, for appellant.

Golden Cowan and William J. Glasko, for appellee.

Before SUAREZ and LAGOA, JJ., and SCHWARTZ, Senior Judge.

SCHWARTZ, Senior Judge.Page 2

Edward J. LoCascio appeals from an order removing him as successor personal representative of his deceased mother's estate. See LoCascio v. Sharpe, 23 So. 3d 1209 (Fla. 3d DCA 2009); see also Golden Cowan, P.A. v. In re Estate of LoCascio, 41 So. 3d 1113 (Fla. 3d DCA 2010). Because the "hearing" which preceded the ruling did not meet even the most rudimentary requirements of due process, including without limitation the presentation of evidence, it is reversed and the cause remanded with directions to reinstate the appellant as personal representative and for the prompt final resolution of this already over-protracted proceeding.¹

1 We consider that this ruling obviates any reason for a curator or any other extraneous entity to administer the estate.

Not final until disposition of timely filed motion for rehearing.