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SCHILLING v. HERRERA

No. 3D06-1220.

952 So.2d 1231 (2007)

Edward A. SCHILLING, Appellant, v. Maria HERRERA, Appellee.

District Court of Appeal of Florida, Third District.

April 4, 2007.

Attorney(s) appearing for the Case

Adrian P. Thomas and Brandan J. Pratt, Fort Lauderdale, for appellant.

Robert S. Glazier; Clark D. Mervis, Miami, for appellee.

Before FLETCHER, SHEPHERD, and ROTHENBERG, JJ.

ROTHENBERG, Judge.

The plaintiff, Edward A. Schilling ("Mr. Schilling"), appeals from an order granting the defendant Maria Herrera's ("Ms. Herrera") motion to dismiss the amended complaint with prejudice based on the trial court's finding that the amended complaint fails to state a cause of action and that Mr. Schilling is barred from filing to action because he failed to exhaust his probate, remedies. We disagree as to both findings and, therefore, reverse and remand...

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