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In re Estate of Prihar

District Court of Appeal of Florida, Second District
Feb 26, 1975
308 So. 2d 159 (Fla. Dist. Ct. App. 1975)

Opinion

No. 74-273.

February 26, 1975.

Appeal from the Circuit Court, Hillsborough County, Rene A. Zacchini, J.

Carlton, Fields, Ward, Emmanuel, Smith Cutler, Tampa, for appellants.


This is an appeal from an order of the lower court denying and dismissing a petition for order of administration unnecessary. The record on appeal shows that all of the requirements of § 735.04(3), F.S. 1973, were met.

It is true that the statute states "the circuit judge may dispense with administration . . ." and, therefore, it is discretionary with the trial court whether or not to dispense with administration. Under the facts of this case we feel that justice would be best served by granting the petition in this cause.

Reversed and remanded.

BOARDMAN and GRIMES, JJ., concur.


Summaries of

In re Estate of Prihar

District Court of Appeal of Florida, Second District
Feb 26, 1975
308 So. 2d 159 (Fla. Dist. Ct. App. 1975)
Case details for

In re Estate of Prihar

Case Details

Full title:IN RE ESTATE OF ZVI PRIHAR, DECEASED

Court:District Court of Appeal of Florida, Second District

Date published: Feb 26, 1975

Citations

308 So. 2d 159 (Fla. Dist. Ct. App. 1975)