In re Estate of Myerson

District Court of Appeal of Florida

In re Estate of Myerson

596 So. 2d 533, 1992 Fla. App. LEXIS 4679, 1992 WL 79723

CourtDistrict Court of Appeal of Florida

DecidedApril 22, 1992

DocketNo. 91-1920

StatusPublished

This text of 596 So. 2d 533 (In re Estate of Myerson) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Estate of Myerson, 596 So. 2d 533, 1992 Fla. App. LEXIS 4679, 1992 WL 79723 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

We find no abuse of discretion by the trial court in extending the time in which appellee was permitted to file a probate claim. See Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478, 108 S.Ct. 1340, 99 L.Ed.2d 565 (1988); In re Estate of Vickery, 564 So.2d 555 (Fla. 4th DCA 1990). However, we agree that the court erred in enjoining the disposition of any estate assets, without conducting a hearing on the request for a temporary injunction and requiring the appellee to [534]*534prove up her entitlement to injunctive relief.

Accordingly, we affirm the grant of extension and reverse the order of injunction, but without prejudice to the appellee to seek such relief in appropriate proceedings below.

ANSTEAD, HERSEY and GARRETT, JJ., concur.

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PER CURIAM.

We find no abuse of discretion by the trial court in extending the time in which appellee was permitted to file a probate claim. See Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478, 108 S.Ct. 1340, 99 L.Ed.2d 565 (1988); In re Estate of Vickery, 564 So.2d 555 (Fla. 4th DCA 1990). However, we agree that the court erred in enjoining the disposition of any estate assets, without conducting a hearing on the request for a temporary injunction and requiring the appellee to [534]*534prove up her entitlement to injunctive relief.

Accordingly, we affirm the grant of extension and reverse the order of injunction, but without prejudice to the appellee to seek such relief in appropriate proceedings below.

ANSTEAD, HERSEY and GARRETT, JJ., concur.

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Bluebook (online)

596 So. 2d 533, 1992 Fla. App. LEXIS 4679, 1992 WL 79723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-myerson-fladistctapp-1992.

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