Saladino

Sureties appeal from an order denying their motion to place an equitable lien on funds turned over to the public administrator of a decedent’s estate by the previous defalcating administrator. The sureties claimed a right of subrogation to the estate’s interest in the funds because the sureties had been found liable on fiduciary bonds issued to the former administrator, and had paid the estate on their bonds. The trial court found the sureties’ request to impress a lien on the funds premature because the estate had not yet been made whole. We affirm.

FACTS AND PROCEEDINGS BELOW

Donald Gilbert died in May 1996. Lillian Miller was appointed special administrator of the estate of Donald Gilbert in June and received general letters of administration in October 1996. Miller filed with the court a bond in the amount of $175,000 from appellant American Bankers Insurance Company of Florida in support of her special letters of administration and an additional bond in the amount of $350,000 from appellant American Contractors Indemnity Company in support of her general letters of administration.

In June 1998, the court suspended Miller’s powers and appointed respondent, Mark J.…