¶1We reverse and remand the final summary judgment for further proceedings on the authority of DeWitt v. Duce, 408 So.2d 216 (Fla.1981). The appellants were not actual parties to a prior probate proceeding, and we simply cannot determine, on the basis of the existing record, whether the appellants had an adequate remedy in the probate court.
478 So. 2d 118
Allen v. Gore
District Court of Appeal of Florida
Decided November 13, 1985
District Court of Appeal of Florida · decided 1985-11-13
Relies on DeWitt v. Duce
Decided 1985-11-13