LEZCANO v. ESTATE OF HIDALGO, 88 So.3d 306 (2012)
Court: Court of Appeals of Florida
Number: inflco20120425245
Visitors: 6
Filed: May 29, 2012
Latest Update: May 29, 2012
Summary: 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.
Summary: 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. ..
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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] removal[s 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.
Source: Leagle
