CAROLA D. ALLEN, APPELLANT,
v.
ESTATE OF ELLEN C. DUTTON, DECEASED, APPELLEE
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This case, the third appeal stemming from a dispute involving an estate, concerns whether the evidence presented at trial was sufficient to support the final judgment. The appellate court found the evidence sufficient, affirming the lower court's decision.
Yes, the evidence presented at trial was sufficient to support the final judgment. The evidence clearly indicated that the attorney did not use undue influence and was merely fulfilling the client's wishes.
[1] A prior appellate decision reversing a summary judgment establishes that the case presented genuine issues of material fact requiring a trial.
[2] An appellate court will affirm a final judgment if the evidence, taken in its entirety, supports the trial court's determination.
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Join FLexlaw to unlock all legal intelligence“As must be abundantly clear from that opinion, there were allegations and supporting facts adduced to require the matter to go to trial rather than be disposed of by a mere motion for summary judgment.”
Explains why a previous summary judgment was improper and the case needed to proceed to trial.
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Join FLexlaw to unlock all legal intelligenceThis is the third time the dispute between Allen and the Estate of Dutton has been before the court. Previous appeals involved attorney's fees and a s…
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DAUKSCH, Judge.
This is the third time this dispute has been before us for review. On one occasion it was here for us to review an order awarding attorney’s fees. Allen v. Estate of Dutton, 384 So. 2d 171 (Fla. 5th DCA 1980). Another time it was here for us to review a summary judgment. Allen v. Estate of Dutton, 394 So. 2d 132 (Fla. 5th DCA 1980) rev. den. 402 So. 2d 609 (1981). Now it is here after trial and judgment.
In Allen, 394 So. 2d 132, the principal question before us was whether the summary judgment was proper or whether the allegations and evidence considered in support of and opposition to the motion for summary judgment were sufficient to sustain that judgment. As must be abundantly clear from that opinion, there were allegations and supporting facts adduced to require the matter to go to trial rather than be disposed of by a mere motion for summary judgment. See that opinion for the facts involved. Now the trial has been conducted and the parties have had their opportunity to fully disclose all the discoverable facts and assert their respective legal rights. The appellant in this appeal alleges no procedural error in the proceeding below and does not urge any error was committed regarding her being denied her right to a fair and complete trial with all due process rights to which she is entitled; nor does appellee.
Appellant asserts only that the evidence is insufficient to support the final judgment.
We disagree.
The evidence taken in its entirety easily supports a determination that the attorney who drafted the will did not use any undue influence to induce the testatrix to do something she would not do under normal circumstances. To the contrary, the evidence clearly supports a finding that the attorney and his secretary were friendly, helpful and acceding to the very wishes of their client — in fact going “beyond the call of duty” to perform their tasks. Any hint of impropriety was completely dissolved by the evidence at trial.
AFFIRMED.
ORFINGER, C.J., and FRANK D. UP-CHURCH, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Carola D. Allen v. Est. of Ellen C. Dutton, 384 So. 2d 171 (Fla. 5th DCA 1980)
- Carola D. Allen v. In re The Est. of Ellen C. Dutton, 394 So. 2d 132 (Fla. 5th DCA 1980)