IN RE THE ESTATE OF STEPHEN CICCORELLA, DECEASED. PATRICIA L. CICCORELLA, APPELLANT,
v.
ARLEIGH P. CICCORELLA, PERSONAL REPRESENTATIVE OF THE ESTATE OF STEPHEN CICCORELLA, DECEASED, APPELLEE
Explore caselaw by topic → Browse Testamentary Capacity cases and more on FLexlaw
FERGUSON, Judge.
We affirm the order of the trial court finding that the deceased was competent in December, 1977 at the time he executed a second codicil to the contested will. We hold that Section 733.109(l)(b), Florida Statutes (1979) did not create an entitlement to jury trial as a matter of right with respect to the issue of testamentary capacity. Allen v. Estate of Dutton, 394 So. 2d 132 (Fla. 5th DCA 1980). In this case, the relevant testimony is as to the capacity of the decedent on the date he executed the second codicil. Miller v. Flowers, 158 Fla. 51, 27 So. 2d 667 (1946). It is not the responsibility of this court to resolve conflicting evidence. Because there is competent evidence in the record to support the determinations of fact made by the trial court, the order is
AFFIRMED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Roberson v. Fla. Parole & Prob. Comm'n, 444 So. 2d 917 (Fla. 1983)…EHRLICH, Justice. These two cases have reached this Court via different routes. Roberson v. Florida [*918] Parole & Probation Commission, 407 So. 2d 1044 (Fla. 3d DCA 1981), is here for review alleging conflict with Daniels v. Florida Parole & Probation Commission, 401 So. 2d 1351 (Fla. 1st DCA 1981). Florida Parole & Probation Commission v. District Court of Appeal, our Case No. 61,210, is an origin…1 / 2
-
Pannier v. Louie L. Wainwright, 423 So. 2d 533 (Fla. 5th DCA 1982)…rt. denied, 436 U.S. 962, 98 S.Ct. 3082, 57 L.Ed.2d 1129 (1978). We agree with the Third District that there can be no administrative appeal from the determination of a presumptive parole release date. Roberson v. Fla. Parole & Probation Commission, 407 So. 2d 1044 (Fla. 3d DCA 1981). For the foregoing reasons, the petition for writ of habeas corpus is DENIED. ORFINGER, C.J., and COWART, J., concur.…
-
Lowe v. Fla. Parole & Prob. Comm'n, 416 So. 2d 470 (Fla. 2d DCA 1982)…by the Florida Parole & Probation Commission may be reviewed by the prisoner taking an administrative appeal to the appropriate district court of appeal. However, this court agreed with the rationale of Roberson v. Florida Parole & Probation Comm’n, 407 So. 2d 1044 (Fla. 3d DCA 1981) because of the express provision in the Florida Administrative Procedure Act stating that prisoners shall not be considered parties for the purposes of obtaining proceedings under the act. See, section 120.52(10)(d), Florida Statu…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Carola D. Allen v. In re The Est. of Ellen C. Dutton, 394 So. 2d 132 (Fla. 5th DCA 1980)
- Miller v. Flowers, 158 Fla. 51 (Fla. 1946)