IN RE THE ESTATE OF SAM LIPTZEN. GOLDIE TOPPER, AS PERSONAL REPRESENTATIVE OF ESTATE OF SARAH LIPTZEN, APPELLANT,
v.
JOYCE STEWART, PHYLLIS STONE, SHIRLEY ZION, AS PERSONAL REPRESENTATIVES OF THE ESTATE OF SAM LIPTZEN, APPELLEES
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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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Goldie Topper v. Stewart, 449 So. 2d 373 (Fla. 3d DCA 1984)…CURIAM. Goldie Topper, as personal representative of Sarah Liptzen’s estate, appeals from a judgment in favor of Sam Liptzen’s estate following appellate remand for further proceedings on appellant’s complaint for an accounting. Topper v. Stewart, 412 So. 2d 381 (Fla. 3d DCA), rev. denied, 419 So. 2d 1201 (Fla.1982) (Topper II). For reasons more fully detailed below, we remand once again for further proceedings. On June 26, 1963, Sam and Sarah, both of whom had been married previously and had grown childre…
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Henderson v. State, 429 So. 2d 1284 (Fla. 3d DCA 1983)…DCA 1981); Gibson v. State, 403 So. 2d 1019 (Fla. 3d DCA 1981); McMurtroy v. State, 400 So. 2d 547 (Fla. 3d DCA 1981); Williams v. State, 400 So. 2d 542 (Fla. 3d DCA 1981), with Holmes v. State, 412 So. 2d 429 (Fla. 4th DCA 1982); Jackson v. State, 412 So. 2d 381 (Fla. 3d DCA 1982). See also Gains v. State, 417 So. 2d 719 (Fla. 1st DCA 1982) (even though failure to instruct on intent element in robbery case preserved by proper objection, error harmless where no genuine issue on intent). The instructions give…
Authorities Cited
- Goldie Topper v. Stewart, 388 So. 2d 1270 (Fla. 3d DCA 1980)