Full Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ Case Nos. 5D2025-0835 5D2025-2594 LT Case No. 18-2024-CP-400 _____________________________ ROCCO SANTOMENNO, Appellant, v. THE ESTATE OF EDITH SANTOMENNO, GLADYS WADE, JOHN SANTOMENNO, JOHN SANTOMENNO, JR., Appellees. _____________________________ 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 PER CURIAM. 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 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 BOATWRIGHT, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ 2