WILLIAM ALVIN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FREDERICK SCHESKE, DECEASED, APPELLANT,
v.
MIKE BERRY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MICHELE R. ANGUILANO, DECEASED, APPELLEE

Fla. 3d DCA | 1983-09-20
No. 83-350
Before NESBITT, BASKIN and JOR-GENSON, JJ.
438 So. 2d 898 Florida District Court of Appeal, Third District (1983) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

The record reflects that the evidence presented by appellant is incompetent to raise a genuine issue of material fact on the question of the order of decedents’ deaths. We find, therefore, that under the facts appearing without controversy, appellant cannot prevail and that the trial court properly entered summary judgment in favor of appellee. See Mejiah v. Rodriguez, 342 So. 2d 1066 (Fla. 3d DCA 1977); Megdell v. Wieder, 327 So. 2d 781 (Fla. 3d DCA), cert. denied 341 So. 2d 1087 (Fla.1976). Affirmed.


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  • Ira S. Silver v. Schroeder, 474 So. 2d 857 (Fla. 3d DCA 1985)
    …y, also a subject of the will, held jointly with right of survivorship. The court found that Scheske predeceased Anguilano, the effect of which was to pass the jointly held property to Anguilano’s estate. We affirmed that judgment in Alvin v. Berry, 438 So. 2d 898 (Fla.3d DCA 1983). On February 6, 1984, the Probate Division of the circuit court conducted a hearing on a petition filed by the representative of the estate of Michele Anguilano to determine the beneficiary of personal property under Scheske’s wil…

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