Swartz v. Russell

NESBITT, Judge.

David Swartz appeals an order compelling him to vacate certain real property and ordering him to do all that he can to cause his wholly owned corporation to vacate that property. We reverse.

Probate proceedings commenced regarding the estate of Max Swartz on July 14, 1978. The deceased’s sons, David and Peter Swartz, and his widow, Esther Swartz, were appointed co-personal representatives of the estate.1 At the time of Max’s death, he owned real properties in Miami and Marathon which were used in the seafood restaurant operation of East Coast Fisheries, Inc. (East Coast), a…