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113 So. 3d 147
Fla. Dist. Ct. App.
2013
LaROSE, Judge.

Mary Cathryn Martini appeals the probate court’s order denying her petition to determine property exempt from the Estate of Louise B. Conner, Ms. Martini’s mother. See § 732.402, Fla. Stat. (2011); Fla. Prob. R. 5.406. We have jurisdiction. Fla. R.App. P. 9.170(b)(13). Ms. Martini argues that the denial of her petition without notice and an opportunity to be heard violated her due process rights. See art. I, § 9, Fla. Const.; Ryan’s Furniture Exch, Inc. v. McNair, 120 Fla. 109, 162 So. 483, 487 (Fla.1935); Fleming v. Demps, 918 So.2d 982, 984-85 (Fla. 2d DCA 2005); Shappell v. Guardianship of Naybar, 876 So.2d 690, 691 (Fla. 2d DCA 2004). William H. Hutchings, as personal representative of the Estate of Louise B. Conner, concurs. Therefore, we reverse and remand for reconsideration of the petition after notice and a hearing.

Reversed and remanded.

NORTHCUTT and CRENSHAW, JJ., Concur.

Case Details

Case Name: Martini v. Estate of Conner
Court Name: District Court of Appeal of Florida
Date Published: May 22, 2013
Citations: 113 So. 3d 147; 2013 Fla. App. LEXIS 8121; 2013 WL 2233986; No. 2D12-921
Docket Number: No. 2D12-921
Court Abbreviation: Fla. Dist. Ct. App.
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