Lezcano v. Estate of Hidalgo

88 So. 3d 306, 2012 WL 1414826, 2012 Fla. App. LEXIS 6388

Opinion

SHEPHERD, J.

Mercedes Lezcano appeals an order of the probate court, removing her as personal representative of the estate and co-trustee of the trust of her deceased brother pursuant to a generalized order instructing her to show cause why she should not be held in contempt for a purported failure, in her capacity as personal representative, to comply with “[certain] orders [of the court]” and “failing to place all income and assets into [a] restricted depository” and related alleged misdeeds. “Because [the] removals were] ordered without notice or an evidentiary hearing, ‘the ruling did not meet even the most rudimentary requirements of due process.’ ” Zulon v. Peckins, 81 So.3d 647 (Fla. 3d DCA 2012) (quoting LoCascio v. Estate of LoCascio, 78 So.3d 573, 574 (Fla. 3d DCA 2011)). We reverse and remand with instructions to reinstate Lezcano as personal representative of the estate and co-trustee of the trust, and discharge Mr. Mendez as curator of the estate.

Reversed and remanded with directions.