Topper v. Stewart

District Court of Appeal of Florida

Topper v. Stewart

412 So. 2d 381, 1982 Fla. App. LEXIS 20398

CourtDistrict Court of Appeal of Florida

DecidedFebruary 23, 1982

DocketNo. 81-1096

StatusPublished

Cited by1 cases

This text of 412 So. 2d 381 (Topper v. Stewart) 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.

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Topper v. Stewart, 412 So. 2d 381, 1982 Fla. App. LEXIS 20398 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

The appellant has perfected her appeal from a final order dismissing her complaint filed against the estate of Sam Liptzen, in which she sought an accounting. Matters relating to this estate have previously been reviewed by this court. See: Topper v. Stewart, 388 So.2d 1270 (Fla. 3d DCA 1980).

The question of whether the appellant is entitled to an accounting has not been decided by the General Jurisdiction Division of the Circuit Court of Dade County, and was not reached by this court in the case referred to. We hold that the trial court probate division was in error in dismissing the complaint. The cause is remanded with directions to vacate the order of dismissal and to enter an order requiring the appel-lees to file a proper accounting in the probate division within the time to be set by the probate judge.

Reversed and remanded with directions to proceed in harmony with the views herein expressed.

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PER CURIAM.

The appellant has perfected her appeal from a final order dismissing her complaint filed against the estate of Sam Liptzen, in which she sought an accounting. Matters relating to this estate have previously been reviewed by this court. See: Topper v. Stewart, 388 So.2d 1270 (Fla. 3d DCA 1980).

The question of whether the appellant is entitled to an accounting has not been decided by the General Jurisdiction Division of the Circuit Court of Dade County, and was not reached by this court in the case referred to. We hold that the trial court probate division was in error in dismissing the complaint. The cause is remanded with directions to vacate the order of dismissal and to enter an order requiring the appel-lees to file a proper accounting in the probate division within the time to be set by the probate judge.

Reversed and remanded with directions to proceed in harmony with the views herein expressed.

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412 So. 2d 381, 1982 Fla. App. LEXIS 20398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/topper-v-stewart-fladistctapp-1982.

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