HILDA LERNER, APPELLANT,
v.
JACOB BRIN, APPELLEE

Fla. 3d DCA | 1992-11-03
No. 92-456
Before HUBBART, FERGUSON and GERSTEN, JJ.
608 So. 2d 519 Florida District Court of Appeal, Third District (1992) Positive Treatment
Cited by 7 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, a beneficiary under her mother’s will, appeals a final judgment in favor of appellee determining that appellant exerted undue influence on her mother. We affirm.

Appellant contends that the trial court’s findings were not supported by competent and substantial evidence. Appellee asserts that the findings were supported by competent and substantial evidence.

Although one may have rachmones1 for appellant, the trial court’s findings were supported by competent and substantial evidence, and as such, will not be disturbed on appeal. See Gegen v. Learey, 503 So. 2d 367 (Fla. 3d DCA1987); In re Estate of Carpenter, 253 So. 2d 697 (Fla.1971).

Affirmed.

. Yiddish. Rachmones: Pity, mercy, compassion. F. Kogos, Dictionary of Yiddish Slang and Idioms (Castlebooks 1967).


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  • …, we reverse the order entered below, and remand for entry of an immediate default and writ of possession in this case. Reversed and remanded. SCHWARTZ, Senior Judge, concurs. . Although we may have "rachmones” for the tenant, see Lerner v. Brin, 608 So. 2d 519 (Fla. 3d DCA 1992), the law is the law. It is not our job to carve exceptions into an otherwise clear and imperative statute.…
  • Cooper v. Brickell Bayview Real Est., Inc., 711 So. 2d 258 (Fla. 3d DCA 1998)
    …ritten. E.g., Morejon v. Metropolitan Dade Co., 710 So. 2d 233 (Fla. 3d DCA 1998); Pennsylvania Lumbermens Mutual Ins. Co. v. The Sunrise Club, Inc., 711 So. 2d 593 (Fla. 3d DCA 1998). Unfortunately, however, a writ of rachmones, see Cerner v. Brin, 608 So. 2d 519, 520 n. 1 (Fla. 3d DCA 1992), does not lie, and a plea of “suffered enough” is insufficient to avoid the unambiguous requirements of the statute.…
  • Bezl Ltd., LLC v. Raymond Off. Plaza, LLC, 45 Fla. L. Weekly D2640 (Fla. 4th DCA 2021)
    …ns why the deposit was not timely made.” Park Adult Residential Facility, Inc. v. Dan ---PAGE 2--- 2 Designs, Inc., 36 So. 3d 811, 812 (Fla. 3d DCA 2010); see also id. at n.1 (“Although we may have ‘rachmones’ for the tenant, see Lerner v. Brin, 608 So. 2d 519 (Fla. 3d DCA 1992), the law is the law. It is not our job to carve exceptions into an otherwise clear and imperative statute.”). As we recently reiterated, while the result may be “harsh”: [T]he reason for failing to tender payment on the first d…

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