Florida District Courts of Appeal, 1987

Raymond v. Estate of Kaufman

Raymond v. Estate of Kaufman
Florida District Courts of Appeal · Decided March 31, 1987 · Barkdull, Baskin, Hubbart
505 So. 2d 529; 12 Fla. L. Weekly 895; 1987 Fla. App. LEXIS 7439 (Southern Reporter, Second Series)

Raymond v. Estate of Kaufman

Opinion of the Court

PER CURIAM.

This is an appeal by the defendant from a final judgment entered below based on an adverse jury verdict in a breach of contract action. We see no merit in any of the points raised on appeal, save one. The final judgment under review should be modified, we conclude, so as to substitute the personal representative of the estate of Robert Kaufman for the estate of Robert Kaufman as the prevailing party below. See Ellis v. Strickland, 158 Fla. 736, 30 So.2d 100 (1947); §§ 733.607, 733.612(20), Fla.Stat. (1985); 18 Fla.Jur.2d Decedents’ Property §§ 696-99 (1980); cf. Adler v. Adler, 418 So.2d 1007, 1008 (Fla. 3d DCA 1982); Becker v. King, 307 So.2d 855, 859 (Fla. 4th DCA), cert, dismissed, 317 So.2d 76 (Fla. 1975). This modification may be accomplished by the trial court upon the rendition of our mandate in this cause. As thus modified, the final judgment under review is

Affirmed.

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