Opinion
No. 3D11–1511.
2012-03-21
Elizabeth ZULON, Appellant, v. David PECKINS, Appellee.
An Appeal from the Circuit Court for Miami–Dade County, Lawrence A. Schwartz, Judge.Todd R. Schwartz, Miami, for appellant. Hugo L. Black, Jr., and Bonnie J. Losak–Jimenez, Coral Gables, for appellee.
An Appeal from the Circuit Court for Miami–Dade County, Lawrence A. Schwartz, Judge.Todd R. Schwartz, Miami, for appellant. Hugo L. Black, Jr., and Bonnie J. Losak–Jimenez, Coral Gables, for appellee.
Before SUAREZ, ROTHENBERG, and LAGOA, JJ.
ON MOTION FOR CLARIFICATION
ROTHENBERG, J.
We grant the appellee's motion for clarification, withdraw this court's previous opinion dated February 8, 2012, and issue this opinion in its stead.
The appellant, Elizabeth Zulon, appeals from an order of the probate court removing her as co-personal representative of her father's estate. Because removal was ordered without notice or an evidentiary hearing, “the ruling did not meet even the most rudimentary requirements of due process.” LoCascio v. Estate of LoCascio, 78 So.3d 573, 574 (Fla. 3d DCA 2011). We reverse and remand with instructions to reinstate the co-personal representatives; discharge Mr. Peckins as successor personal representative; and conduct a duly noticed evidentiary hearing regarding the
The probate court is of course free to appoint an administrator ad litem to assist in the administration of the estate until the motions for removal of the co-personal representatives have been resolved and if the prerequisites of Florida Probate Rule 5.120 are satisfied.
removal of Elizabeth Zulon and Ana Zulon as co-personal representatives.