Third District Court of Appeal
State of Florida
Opinion filed June 2, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-762
Lower Tribunal No. 20-843
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Alec Ross,
Appellant,
vs.
Kevin Ross,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Milton
Hirsch, Judge.
Alec Ross, in proper person.
Wolfe Law Miami, P.A., and Richard C. Wolfe, for appellee.
Before LINDSEY, HENDON and BOKOR, JJ.
PER CURIAM.
Affirmed. Garcia v. Morrow,
954 So. 2d 656, 659 (Fla. 3d DCA 2007)
(explaining that “‘[t]he appointment of a personal representative for an
intestate estate is a discretionary act of the probate courts’ . . . [b]ut where a
preferred individual is not being appointed, the record must show that the
preferred person is not fit to be appointed as the representative”) (quoting
DeVaughn v. DeVaughn,
840 So. 2d 1128, 1132 (Fla. 5th DCA 2003));
DeVaughn,
840 So. 2d at 1133 (“If the record supports the conclusion that
the statutorily preferred person ‘lacks the necessary qualities and
characteristics,’ the court has discretion to refuse to make the appointment.”)
(quoting Padgett v. Est. of Gilbert,
676 So. 2d 440, 443 (Fla. 1st DCA 1996)).
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