BURTON GINSBERG, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ELIZABETH BETTNER, DECEASED, APPELLANT,
v.
NORMAN F. SOLOMON, INDIVIDUALLY, AND AS TRUSTEE, APPELLEE
BURTON GINSBERG, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ELIZABETH BETTNER, DECEASED, APPELLANT,
NORMAN F. SOLOMON, INDIVIDUALLY, AND AS TRUSTEE, APPELLEE
651 So. 2d 183
Florida District Court of Appeal, Third District (1995)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We affirm the summary judgment under review as to possession of the real property in question, but reverse any finding of title in the appellees. We return this matter to the trial court for a trial on the issue of fraud in the execution of the document which purports to place title to the property in question in the appellee. See and compare Suris v. Tropical Fed. Savings & Loan Assoc., 515 So. 2d 1049 (Fla. 3d DCA 1987); Forte v. Tripp & Skip, 339 So. 2d 698 (Fla. 3d DCA 1976).
Affirmed in part, reversed in part, with directions.
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Citator
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State v. Bock, 659 So. 2d 1196 (Fla. 3d DCA 1995)…ions of this police officer. It is well settled that a trial court’s written order must generally be reversed where that order is at variance with the court’s oral pronouncement. Stevens v. State, 651 So. 2d 831 (Fla. 1st DCA 1995); Porras v. State, 651 So. 2d 183 (Fla. 3d DCA 1995); Wright v. State, 600 So. 2d 548 (Fla. 2d DCA 1992); Henderson v. State, 570 So. 2d 1150 (Fla. 1st DCA 1990). Accordingly, when the State appealed the County Court’s order of dismissal to the Appellate Division of Circuit Court,…
Authorities Cited
- Forte v. Tripp & Skrip, 339 So. 2d 698 (Fla. 3d DCA 1976)
- Adelman v. Harrin Adelman, 515 So. 2d 1049 (Fla. 3d DCA 1987)
- Suris v. Tropical Fed. Sav. & Loan Ass'n, 515 So. 2d 1049 (Fla. 3d DCA 1987)