JAMES L. FREDERICK, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (17 total)

• Cripe v. Atl. First Nat'l Bank OF Daytona Beach, 422 So. 2d 820 (Fla. 1982)
  …nes the question of undue influence, the standard of proof required of the moving party being the preponderance (greater weight) of the evidence. Id. at 701-04. The rule of Carpenter is properly applied to inter vivos transfers. Williamson v. Kirby, 379 So. 2d 693 (Fla. 2d DCA 1980); Bryant v. Bryant, 379 So. 2d 382 (Fla. 1st DCA 1979); Majorana v. Constantine, 318 So. 2d 185 (Fla. 2d DCA 1975); Pate v. Mellen, 275 So. 2d 562 (Fla. 1st DCA 1973). We believe that the agreement between Mrs. Hare and the Cripes…
• Chase Fed. Sav. & Loan Ass'n v. Schreiber, 479 So. 2d 90 (Fla. 1985)
  …wards one not a blood relation of the grantor constituted adequate considera [*96] tion for Mrs. Garrett’s deeding of her property to Mary Havris, to whom she was not related. 366 So. 2d at 496. A case in contrast to Havris is Williamson v. Kirby, 379 So. 2d 693 (Fla. 2d DCA 1980). There an elderly lady conveyed her home to her close friend reserving a life estate to herself. A subsequently appointed guardian of the grantor sought to set aside the deed. Although alleging that the deed was given without cons…
• Maudie Mae Jordan v. Essie Lee Noll, 423 So. 2d 368 (Fla. 1st DCA 1982)
  …n, and the gift was made to the exclusion of the other daughters. Moreover, appellant took her mother to the attorney and was present when the deeds were signed. Appellant knew the contents of the deeds and kept them secret. See Williamson v. Kirby, 379 So. 2d 693 (Fla. 2d DCA 1980); Bryant v. Bryant, 379 So. 2d 382 (Fla. 1st DCA 1980); Carpenter, supra, 253 So. 2d at 702. The record shows also, however, that the trial court did not consider the reasonableness of appellant’s explanation for her active role in…

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Authorities Cited

• Dobbert v. Florida, 432 U.S. 282 (U.S. 1977)
• Dobbert v. State, 328 So. 2d 433 (Fla. 1976)
• Dawkins v. Nabisco, Inc., 434 U.S. 882 (U.S. 1977)
• Stencel Aero Eng'g Corp. v. United States, 434 U.S. 882 (U.S. 1977)