SARAH M. PORTER, APPELLANT,
v.
THE ESTATE OF WILLIAM JOSEPH SPATES, DECEASED; ALEXANDER WORLD, A/K/A ALEX WORLD INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF WILLIAM JOSEPH SPATES, DECEASED, APPELLEES; AND ALEXANDER WORLD, APPELLANT, V. IN RE ESTATE OF WILLIAM JOSEPH SPATES, APPELLEE

Fla. 1st DCA | 1997-05-06
Nos. 96-1399, 96-1461
JOANOS, WOLF and VAN NORTWICK, JJ., concur.
693 So. 2d 88 Florida District Court of Appeal, First District (1997) Positive Treatment
Cited by 4 cases

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Synopsis

The Florida First District Court of Appeal reversed a probate judgment finding undue influence against appellants Sarah Porter and Alexander World, holding that the trial court's 20-month delay between the evidentiary hearing and entry of final judgment was unreasonable and that the judgment lacked sufficient factual findings to support the undue influence conclusions, necessitating a new hearing.


Holding

The court held that the approximately 20-month delay between the evidentiary hearing and entry of final judgment was unreasonable, and because the trial court failed to articulate any factual basis for its findings of undue influence, meaningful appellate review of those central rulings was impossible. Therefore, reversal and remand for a new evidentiary hearing was required.


Headnotes

[1] A substantial and unreasonable delay between an evidentiary hearing and the entry of a final judgment, particularly in complex cases requiring consideration of witness cr…

[2] Appellate review of findings of undue influence is impossible when the trial court fails to articulate the factual basis for its conclusions.

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Key Quotes

“the trial court did not articulate any factual basis for its findings of undue influence (making impossible meaningful appellate review of those central rulings)”

Establishes the primary basis for reversal - lack of factual findings supporting the trial court's conclusions on undue influence

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Facts & Procedural History

The Estate of William Joseph Spates underwent probate proceedings with disputed issues including the mental condition of the deceased, allegations of …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

In this consolidated appeal, Sarah Porter and Alexander World challenge a final judgment adjudicating petitions for administration and a claim for damages in connection with the probate of the Estate of William Joseph Spates. As a result of the circumstances of this case and substantial delay between the evidentiary hearing and the entry of the final judgment, we reverse.

A final evidentiary hearing in the probate proceeding was held on June 16 and June 27, 1994, at which times the trial court received testimony from nine witnesses concerning numerous disputed factual issues, including the mental condition of the deceased, appel-lees’ allegations of undue influence on and exploitation of the deceased by the appellants, services provided to the deceased by appellant Sarah Porter, and the ownership of funds on deposit in various joint bank accounts opened by the deceased. The final judgment was entered on March 4, 1996, more than 20 months after the evidentiary hearing. The final judgment consists of a five-page chronology of events and six paragraphs of rulings in which the trial court found, inter alia, that the will and power of attorney dated February 6, 1992, and appellants’ interest in certain checking accounts of the deceased were all procured by the undue influence of appellants. The judgment contains no discussion of the facts which supported the findings of undue influence.

On appeal, appellants Alexander World and Sarah Porter separately raise a total of thirteen issues. Both, however, contend that the approximately 20-month delay between the evidentiary hearing and entry of the final judgment requires a new hearing. Because of the complexity and nature of the issues raised below, because the resolution of these issues required careful consideration of the credibility of the parties and other witnesses, and because the trial court did not articulate any factual basis for its findings of undue influence (making impossible meaningful appellate review of those central rulings), we conclude that the delay between the evidentiary hearing and the entry of any findings of fact was unreasonable. See McKenzie v. McKenzie, 672 So. 2d 48 (Fla. 1st DCA 1996). We accordingly reverse and remand for a new evidentiary hearing.

In view of our holding, it is unnecessary for us to address the other issues raised on appeal. We note for the benefit of trial court and parties on remand, however, that undue influence must constitute over-persuasion, duress, force, coercion, or artful or fraudulent contrivances to such a degree that there is a destruction of free agency and willpower. Jordan v. Noll, 423 So. 2d 368 (Fla. 1st DCA 1982). Further, undue influence is shown by the existence of a confidential relationship between the grantor and the beneficiary and by evidence that the beneficiary actively procured the instrument. In re Estate of Carpenter, 253 So. 2d 697 (Fla.1971).

The case is REVERSED and REMANDED for further proceedings consistent with this opinion.

JOANOS, WOLF and VAN NORTWICK, JJ., concur.


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Citator

Cited By

  • Eckert v. Eckert, 29 So. 3d 381 (Fla. 5th DCA 2010)
    …trial where there has been a long delay between the conduct of a trial and the issuance of a judgment, if circumstances suggest that the passage of time may have adversely affected the accuracy of the judgment. See, e.g., Porter v. Estate of Spates, 693 So. 2d 88 (Fla. 1st DCA 1997). In this case, both the lack of findings and the lack of precision in the income and expense figures strongly suggest that the passage of time adversely affected the judgment. . The case was heard by a senior judge in 2006.…
  • Custom Plastering, Inc. v. Robert Bligh & SON Corp., 884 So. 2d 524 (Fla. 4th DCA 2004)
    …ntered the final judgment. Under these circumstances a new trial is required. Donn v. Donn, 733 So. 2d 581 (Fla. 4th DCA 1999) (ten month delay and no findings in the judgment supporting alimony award required new trial); Porter v. Estate of Spates, 693 So. 2d 88 (Fla. 1st DCA 1997) (twenty month delay between trial and judgment, where judgment did not explain factual basis for finding of undue influence, required new trial). Reversed. KLEIN, STEVENSON and SHAHOOD, JJ., concur.…

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