EDWARD WILLIAM BRIERTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1981-04-15
No. 79-1484
ANSTEAD, MOORE and BERANEK, JJ., concur.
402 So. 2d 418 Florida District Court of Appeal, Fourth District (1981) Negative Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Reversed with directions that appellant be granted a new trial in accordance with the Supreme Court’s decision in Tascano v. State, 393 So. 2d 540 (1980), rehearing denied February 27, 1981.

ANSTEAD, MOORE and BERANEK, JJ., concur.


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    …f of the reasonableness of attorney's fees and the correctness of an accounting is placed on the guardian. See American Surety Co. v. Andrews, 152 Fla. 638, 12 So. 2d 599 (1943); Firmin v. Sanborn, 119 Fla. 396, 161 So. 555 (1935); Estate of Ganier, 402 So. 2d 418 (Fla. 5th DCA 1981), quashed on other grounds, 418 So. 2d 256 (Fla.1982); Beck v. Beck, 383 So. 2d 268 (Fla. 3d DCA 1980); Cohen v. Cohen, 346 So. 2d 1047 (Fla. 2d DCA 1977). Where the issue is conflict of interest and what may or may not be in the…
  • …OVERTON, Justice. This is a petition to review the decision of the Fifth District Court of Appeal in Estate of Ganier v. Estate of Ganier, 402 So. 2d 418 (Fla. 5th DCA 1981), which we find directly conflicts with In re Steinert’s Estate, 137 So. 2d 856 (Fla. 2d DCA 1962). We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. The issue concerns the rights of a surviving spouse in the estate of the dece…
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    …mption in favor of a pretermitted spouse.” That statute does not raise a mere presumption, it is absolute; not subject to rebuttal, and no exception should be extended to include a class not clearly comprehended by the statute. See Estate of Ganier, 402 So. 2d 418 (Fla. 5th DCA 1981). The order is reversed and this cause remanded for further proceedings consistent with this decision. REVERSED AND REMANDED. COBB and SHARP, JJ., concur.…

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