Florida District Courts of Appeal, 1973

In re Estate of Robillard

In re Estate of Robillard
Florida District Courts of Appeal · Decided July 31, 1973 · Carroll, Dry, Haverfield, Hen
281 So. 2d 45; 1973 Fla. App. LEXIS 7595 (Southern Reporter, Second Series)

In re Estate of Robillard

Opinion of the Court

CARROLL, Judge.

The appellant Anita Smillie is a judgment creditor of the beneficiary under the decedent’s will which is in the process of probate. The appellant moved for an order of distribution, to be made directly to her in payment of her judgment, of or out of the proceeds of the estate to which the judgment debtor would be entitled to distribution. The motion was denied and this appeal followed.

The trial court correctly held the judgment creditor was not entitled to proceed, as was done here, in the probate court for distribution. See In re: Francis’ Estate, 153 Fla. 360, 14 So.2d 803, 808; 26A C.J.S. Descent and Distribution § 142.

The order appealed from is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.