SIDNEY DOBBS, APPELLANT,
v.
AUGUSTA MARIE DOBLITZ, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE, AND MARK DAVIS, APPELLEES
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PER CURIAM.
The. trial court granted summary judgment in a will contest which involved allegations of undue influence and lack of testamentary capacity. Without detailing all of the conflicting evidence, it suffices to say that the summary judgment was improper. “It is axiomatic that summary judgment may not be used as a substitute for trial and that if the pleadings, depositions, answers to interrogatories, admissions, affidavits and other evidence in the file raise the slightest doubt upon any issue of material fact then a summary judgment may not be entered.” Unijax, Inc. v. Factory Insurance Association, 328 So. 2d 448, 449 (Fla. 1st DCA), cert. denied, 341 So. 2d 1086 (Fla.1976).
REVERSED and REMANDED.
GLICKSTEIN and HURLEY, JJ., and OWEN, WILLIAM C., Jr., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Monroe Cnty. v. NEW Port Largo, Inc., 441 So. 2d 173 (Fla. 3d DCA 1983)…summary judgment may not be entered if the record reflects the existence of genuine issues of material fact or raises even the slightest doubt regarding such issues. Braun v. Ryder Systems, Inc., 430 So. 2d 567 (Fla. 3d DCA 1983); Dobbs v. Doblitz, 425 So. 2d 1207 (Fla. 4th DCA 1983). Finding that the record discloses the existence of issues of material fact surrounding the purchase and development of the Port Largo Airport property, we hold that the trial court erred in entering summary judgment. Accordingly…
Authorities Cited
- Unijax, Inc. v. Factory Ins. Ass'n, 328 So. 2d 448 (Fla. 1st DCA 1976)