Estate of Bacon v. Bacon

The summary judgment against the estate was incorrectly entered because it was at that time represented only by a person whose interests were obviously adverse. See Edmonson v. Frank J. Rooney, Inc., 171 So.2d 566 (Fla. 3d DCA 1965) (adverse interest renders appointment of administrator ad litem jurisdictionally required even though not requested; judgment obtained in absence of such appointment void); § 733.308, Fla.Stat. (1989); see also In re Estate of Bell, 573 So.2d 57 (Fla. 1st DCA 1990).

On the merits, the judgments against both the estate and the beneficiaries were likewise erroneous…