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Pearce v. Foster
Citations: 454 So. 2d 721; 9 Fla. L. Weekly 1790; 1984 Fla. App. LEXIS 14666Docket: No. 83-1038
Court: District Court of Appeal of Florida; August 15, 1984; Florida; State Appellate Court
Appellant, as co-personal representative of Austin Pearce's estate, seeks to appeal an order revoking the will dated September 8, 1980. The appeal is challenged by co-personal representative Juanell P. Peeples, who argues that appellant acted unilaterally, violating section 733.615 of the Florida Statutes (1983), which mandates that all joint personal representatives must concur on actions related to estate administration unless specific exceptions apply. These exceptions do not apply in this case, thereby preventing appellant from proceeding alone. The court declines to dismiss the appeal but instead remands the case to the trial court for an evidentiary hearing to assess whether Peeples’ refusal to join the appeal constitutes grounds for her removal under section 733.504 of the Florida Statutes (1983). If the trial court finds cause for removal, appellant would then be permitted to continue with the appeal. The court requests a copy of the trial court's order following the remand. Section 733.504 outlines various causes for the removal of a personal representative, including incompetency, incapacity, failure to comply with court orders, maladministration, and conflicting interests, among others. Notably, the removal provisions do not apply to a surviving spouse acting within their rights related to the estate's elective share or allowances.