BETTY DENSON, FORMERLY KNOWN AS BETTY WASHINGTON, APPELLANT,
v.
FREDWARD FAYSON, VIRGINIA FAYSON, HIS WIFE, INDIVIDUALLY, AND FREDWARD FAYSON, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF IDELLA E. BROWN, DECEASED, APPELLEES
PER CURIAM.
On authority of Stewart v. Johnson, 142 Fla. 425, 194 So. 869 (1940), we reverse the trial court’s order finding that the decedent died intestate.
The applicable doctrine of dependent relative revocation provides that, where a testator revokes a valid will by an act other than the making of a new will and intending that the revoked will be replaced by a new will, where the new will is thereafter found to be invalid the prior will may be re-established on the ground that the revocation was dependent on the validity of the latter will, and that the testator would have preferred the earlier will to intestacy.
Reversed and remanded.
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State v. Fam. Bank OF Hallandale, 623 So. 2d 474 (Fla. 1993)…2 (1935). The state’s immunity from interest can be waived. Flack; Florida Livestock Bd. v. Gladden, 86 So. 2d 812 (Fla.1956); Treadway; Brooks v. School Bd., 419 So. 2d 659 (Fla. 5th DCA1982); Department of Health & Rehabilitative Services v. Boyd, 525 So. 2d 432 (Fla. 1st DCÁ1988). Waiver of such immunity occurs when the Legislature specifically authorizes suit against a governmental agency by statute without limitation as to interest or when the state enters into a contract fairly authorized by the powers…
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Broward Cnty. v. Finlayson, 555 So. 2d 1211 (Fla. 1990)…or to the demand for overtime compensation. . Under the facts here, § 295.14, Fla.Stat., has no application. . I recognize that Brooks v. School Board, 419 So. 2d 659 (Fla. 5th DCA 1982), and Department of Health & Rehabilitative Services v. Boyd, 525 So. 2d 432 (Fla. 1st DCA 1988), authorize interest on back pay. I believe these cases were wrongly decided and would disapprove them.…
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The Agency FOR Health Care Admin. v. Palm Springs Gen. Hosp., Inc., 689 So. 2d 1268 (Fla. 1st DCA 1997)…PER CURIAM. AFFIRMED. State v. Family Bank of Hallandale, 623 So. 2d 474 (Fla.1993); Department of Health and Rehabilitative Services v. Boyd, 525 So. 2d 432 (Fla. 1st DCA), rev. dismissed, 525 So. 2d 877 (Fla.1988); Burnett v. Brito, 478 So. 2d 845 (Fla. 3d DCA 1985). JOANOS, WOLF and VAN NORTWICK, JJ., concur.…
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- Benj. F. Stewart v. Johnson, 142 Fla. 425 (Fla. 1940)