JUDY K. LANHAM, PETITIONER,
v.
AMERICAN POSTAL WORKERS UNION (NATIONAL), RESPONDENT
JUDY K. LANHAM, PETITIONER,
AMERICAN POSTAL WORKERS UNION (NATIONAL), RESPONDENT
371 So. 2d 174
Florida District Court of Appeal, Second District (1979)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
The petition for writ of certiorari is denied without prejudice to the right of petitioner to seek review of the matters contained therein by way of an appeal from the final judgment. Santini Brothers, Inc. v. Grover, 338 So. 2d 79 (Fla. 4th DCA 1976); Wright v. Sterling Drugs, Inc., 287 So. 2d 376 (Fla.2d DCA 1973).
GRIMES, C. J., and HOBSON and DAN-AHY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Barnett First Nat'l Bank OF Jacksonville v. Cobden, 393 So. 2d 78 (Fla. 5th DCA 1981)…nt and appellee possible, but .others are also conceivable. Where the terms of an instrument are clear and unambiguous, there is no need for the court to engage in a construction of such instrument. Rogers v. Atlantic National Bank of Jacksonville, 371 So. 2d 174 (Fla. 1st DCA 1979). However, where there is ambiguity or uncertainty arising from the language used which obscures the intent of the testator, construction of the instrument is necessary. 35 Fla.Jur. Wills § 273. Initially, in the construction of…
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Lewis v. Raleigh Travers Green, III, 389 So. 2d 235 (Fla. 5th DCA 1980)…56 So. 2d 859 (Fla.1963); Dean v. Crews, 77 Fla. 319, 81 So. 479 (1919); 80 Am.Jur.2d Wills §§ 1409, 1415 (1975). The distribution should be per stirpes. Green v. Lewis, 113 Fla. 609, 151 So. 270 (1933); Rogers v. Atlantic Nat. Bank of Jacksonville, 371 So. 2d 174 (Fla.1st DCA 1979); § 732.611, Fla.Stat. (1979); § 732.104, Fla.Stat. (1979). Beulah’s fractional share of the trust income (Vsth plus V&rd of Lizette’s V-ith) should have been shared equally by her two surviving children, Rose Mae Francis Lewis Ne…1 / 2
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Basile v. Aldrich, 70 So. 3d 682 (Fla. 1st DCA 2011)…o would be illegal or otherwise contrary to public policy. See In re Estate of Tolin, 622 So. 2d 988, 990 (Fla.1993); First Union Nat’l Bank of Fla., N.A. v. Frumkin, 659 So. 2d 463, 464 (Fla. 3d DCA 1995); Rogers v. Atl. Nat’l Bank of Jacksonville, 371 So. 2d 174, 176 (Fla. 1st DCA 1979). Subsection (2) of section 732.6005 does not apply because it is expressly “[s]ubject to” subsection (1), which provides: “The intention of the testator as expressed in the will controls the legal effect of the testator’s di…
Authorities Cited
- Santini Bros., Inc. v. Grover, 338 So. 2d 79 (Fla. 4th DCA 1976)
- Wright v. Sterling Drugs, Inc., 287 So. 2d 376 (Fla. 2d DCA 1973)