C & N SERVICE CORPORATION AND FLORIDA INSURANCE GUARANTY ASSOCIATION, APPELLANTS,

v.

JOHN GARZIA AND DIVISION OF WORKERS' COMPENSATION, APPELLEES

Citator

Cited By

• Ellis First Nat'l Bank OF W. Pasco v. Mariam C. Downing, 443 So. 2d 337 (Fla. 2d DCA 1983)
  …an antenuptial agreement in the context of a dissolution of marriage action. Weintraub v. Weintraub, 417 So. 2d 629 (Fla.1982). The statute overrides the guidelines of Del Vecchio in the context of a probate proceeding. Coleman v. Estate of Coleman, 439 So. 2d 1016 (Fla. 1st DCA 1983). Notwithstanding the statutory provision, an antenuptial agreement may still be challenged. For example, an agreement may be set aside if one of the signatures was coerced or improperly obtained, or if one of the parties was inco…
• Stregack v. Moldofsky, 474 So. 2d 206 (Fla. 1985)
  …McDonald, justice. We have for review Moldofsky v. Stregack, 449 So. 2d 918 (Fla. 3d DCA 1984), which directly and expressly conflicts with Coleman v. Estate of Coleman, 439 So. 2d 1016 (Fla. 1st DCA 1983). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The issue here is whether a surviving spouse may challenge an antenuptial agreement based upon fraudulent nondisclosure of assets by a decedent spouse, in light of section 732…
• Moldofsky v. Stregack, 449 So. 2d 918 (Fla. 3d DCA 1984)
  …nk, 418 So. 2d at 278. It is therefore apparent that this court still considers fraud a relevant consideration under the statute. The appellee in the present case relies heavily upon the decision of our sister court in Coleman v. Estate of Coleman, 439 So. 2d 1016 (Fla. 1st DCA 1983). Coleman pointedly suggests that section 732.-702(2) precludes the challenge of an ante-nuptial agreement on the ground of fraudulent nondisclosure in a probate context. The actual holding of the court, however, was that the chal…

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Authorities Cited

• Lopez v. Pennsuco Cement & Aggregates, Inc., 401 So. 2d 875 (Fla. 1st DCA 1981)
• Di Giorgio Fruit Corp. v. Pittman, 49 So.2d 600 (Fla. 1950)