Rocco Santomenno v. Estate of Edith Santomenno, Gladys Wade, John Santomenno, and John Santomenno, Jr.

FIFTH D ISTRICT COURT OF APPEAL
S TATE OF FLORIDA
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Case Nos. 5D2025-0835
5D2025-2594
LT Case No. 18-2024-CP-400
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ROCCO SANTOMENNO,
Appellant,
v.
THE E STATE OF E DITH
SANTOMENNO, GLADYS W ADE ,
JOHN SANTOMENNO, JOHN
SANTOMENNO, JR .,
Appellees.
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On appeal from the Circuit Court for Flagler County.
Linda L. Gaustad, Judge.
Robert (Tad) Drean, of Icard, Merrill, Cullis, Timm, Furen &
Ginsburg, P.A., Lakewood Ranch, for Appellant.
Ronald A. Hertel, of Hertel Legal PLLC, Ormond Beach, for
Appellee, John Santomenno, Jr.
No Appearance for Remaining Appellees.
October 9, 2026
P ER C URIAM.
AFFIRMED. 	See Hernandez v. Hernandez, 946 So. 2d 124,
126–27 (Fla. 5th DCA 2007) (“The general rule of law is that trial
courts do not have discretion to refuse to appoint the personal

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representative named by the testator in the will unless that person
is disqualified by law. . . . Only in exceptional circumstances does
a court have the discretion to refuse to appoint a person as
personal representative who was named in the decedent’s will. . . .
In making a decision, the circuit court may consider the person’s
character, 	ability, 	and 	experience 	to 	serve 	as 	personal
representative and may refuse to appoint the preferred person if
the 	record 	supports 	its 	conclusion 	that 	the 	person 	lacks 	the
necessary qualities.”)
JAY , C.J., and SOUD and B OATWRIGHT , JJ., concur.
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Not 	final 	until 	disposition 	of 	any 	timely 	and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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