Estates of Schutt v. Spielman, 659 So. 2d 363 (Fla. 1st DCA 1995). · Go Syfert
Estates of Schutt v. Spielman, 659 So. 2d 363 (Fla. 1st DCA 1995). Cases Citing This Book View Copy Cite
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ESTATES OF William H. SCHUTT, and Margaret B. Schutt
v.
Robert SPIELMAN and wife, Hazel Spielman
No. 95-77.
District Court of Appeal of Florida, First District.
Jun 20, 1995.
659 So. 2d 363
Gordon D. Cherr of McConnaughhay, Roland, Maida & Cherr, P.A, Tallahassee, for appellants., John N. Boggs, Panama City, for appel-lees.
Benton, Ervin, Miner.
Published
ERVIN, Judge.

The estates of William and Margaret Schutt appeal the trial court’s denial of their motions to dismiss the personal injury lawsuit filed against them by Robert and Hazel Spielman, claiming that the ancillary letters of administration issued to a court-appointed personal representative were invalid, and thus the Spielmans cannot proceed. We affirm.

The trial court in this tort action correctly declined to consider factual issues previously resolved by another circuit court judge in probate proceedings. There is nothing on the face of the ancillary letters of administration that renders them invalid in regard to venue. § 733.101 (l)(b), Fla.Stat. (1993); In re Estate of Bernard, 183 So.2d 715 (Fla. 1st DCA 1966); In re Estate of Klipple, 101 So.2d 924 (Fla. 3d DCA 1958); 31 Am.Jur.2d Executors and Administrators § 510 (1989). If there are any perceived problems with the appointment of the personal representative, the Schutts’ estates may challenge the same pursuant to section 733.301(5), Florida Statutes (1993).

AFFIRMED.

MINER and BENTON, JJ., concur.