IN RE ESTATE OF DIANA LYNN SHINE, DECEASED
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ANSTEAD, Judge.
At issue is whether the trial court erred in determining that Frank and Diana Shine died simultaneously for purposes of probate of their respective estates. Under Section 732.601(1), Florida Statutes (1979), when the devise of property depends on the priority of death of two persons and there is insufficient evidence that the persons have died otherwise than simultaneously, the property of each shall pass as if that person had survived. In this case there was evidence presented by the appellant which indicated that Diana died before Frank. However, there was also expert medical testimony presented which indicated that such evidence was inconclusive as to the issue of whether Diana died before Frank or whether they died simultaneously. Under such circumstances and considering that Section 732.601(1) expressly requires the trial court to determine not whether there is any evidence, but rather whether such evidence is sufficient to conclude that there were not simultaneous deaths, we do not believe the trial court erred.
Accordingly, the judgment of the trial court is affirmed.
DOWNEY and BERANEK, JJ., concur.
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Smith v. State, 606 So. 2d 641 (Fla. 1st DCA 1992)…. Compare Woodson v. State, 483 So. 2d 858 (Fla. 5th DCA 1986) (although issue not preserved by proffer, evidence of reputation of officer would have been admissible to establish he was the aggressor in resisting-an-officer charge); Pino v. Koelber, 389 So. 2d 1191 (Fla. 2d DCA 1980) (discussing use of character evidence in civil action for assault and battery).…
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Dupree v. State, 615 So. 2d 713 (Fla. 1st DCA 1993)…v. State, 500 So. 2d 285, 287 (Fla. 1st DCA 1986); Quintana v. State, 452 So. 2d 98, 100 (Fla. 1st DCA 1984); Hodge v. State, 315 So. 2d 507, 510 (Fla. 1st DCA 1975); Woodson v. State, 483 So. 2d 858, 859 (Fla. 5th DCA 1986); Pino v. [*721] Koelber, 389 So. 2d 1191, 1194 (Fla. 2d DCA 1980); Banks v. State, 351 So. 2d 1071, 1072 (Fla. 4th DCA), cert. denied, 354 So. 2d 986 (Fla.1977). Moreover, federal courts, in interpreting Federal Rule of Evidence 404, upon which section 90.404 is modeled, similarly allow th…
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Grace v. State, 832 So. 2d 224 (Fla. 2d DCA 2002)…inent trait of character of the victim of the crime offered by an accused.” Under this exception, a defendant may use character evidence to show that the victim of a crime was the aggressor in support of his defense of self-defense. Pino v. Koelber, 389 So. 2d 1191, 1194 (Fla. 2d DCA 1980) (treating a civil case of assault and battery the same as a criminal case). There is a distinction between reputation evidence and evidence of specific acts admitted under section 90.404(l)(b). Id. at 1194. While reputation…
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