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SC05-905 - Mary Ellen Mcenderfer v. John C. Keefe
State: Florida
Court: Supreme Court
Docket No: SC05-905
Case Date: 01/19/2006
Preview:Supreme Court of Florida
____________ No. SC05-905 ____________ MARY ELLEN MCENDERFER, Petitioner, vs. JOHN C. KEEFE, Respondent. [January 19, 2006] QUINCE, J. We have for review McEnderfer v. Keefe, 903 So. 2d 234 (Fla. 2d DCA 2005), which certified conflict with Warburton v. McKean, 877 So. 2d 50 (Fla. 4th DCA 2004), quashed, 30 Fla. L. Weekly S613 (Fla. Sept. 8, 2005), and certified the following question, which was also certified in Warburton, as one of great public importance: WHERE A DECEDENT IS NOT SURVIVED BY A SPOUSE OR ANY MINOR CHILD, DOES DECEDENT'S HOMESTEAD PROPERTY, WHEN NOT SPECIFICALLY DEVISED, PASS TO GENERAL DEVISEES BEFORE RESIDUARY DEVISEES IN ACCORDANCE WITH SECTION 733.805, FLORIDA STATUTES? We have jurisdiction. See art. V,
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