Legal Opinion

Bryan v. Fernald

District Court of Appeal of Florida

Decided February 22, 2017No. Case 2D15-4830PublishedCited by 3 opinions

1Opinion of the Court

MORRIS, Judge.

Audrey A. Bryan appeals an order on her petition to determine beneficiaries in the probate proceedings of her deceased mother’s estate. 1 In determining the beneficiaries, the trial court concluded that the issue of the validity of the decedent’s marriage was res judicata. We disagree and reverse and remand for further proceedings.

I. Background

In 2007, Edward John opened the probate proceedings of the decedent’s estate. John named himself as the decedent’s surviving spouse and only known beneficiary. The decedent’s children were not served with any pleadings or orders in the…

2Cases cited10 opinions

  1. Florida Dept. of Transp. v. JulianoSupreme Court of Florida · 2001
  2. Topps v. StateSupreme Court of Florida · 2004
  3. Albrecht v. StateSupreme Court of Florida · 1984
  4. Kimbrell v. PaigeSupreme Court of Florida · 1984
  5. Bowen v. FLA. DEPT. OF ENVTL. REG.District Court of Appeal of Florida · 1984

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3Cited by3 opinions

  1. PROVIDENT FUNDING ASSOCIATES, L. P. v. M D T R, AS TRUSTEEDistrict Court of Appeal of Florida · 2018
  2. DONALD CHARLES BAUERLE, JR. vs CATHERINE JEAN BAUERLE, CODISCO, INC., A FLORIDA CORPORATION, CODISCO INTERNATIONAL INC., A FLORIDA CORPORATION, COASTLINE INTERNATIONAL, INC., A FLORIDA CORPORATION, ET ALDistrict Court of Appeal of Florida · 2023
  3. DONALD CHARLES BAUERLE, JR. vs CATHERINE JEAN BAUERLE, CODISCO, INC., A FLORIDA CORPORATION, CODISCO INTERNATIONAL INC., A FLORIDA CORPORATION, COASTLINE INTERNATIONAL, INC., A FLORIDA CORPORATION, ET ALDistrict Court of Appeal of Florida · 2023

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