INGER SOFE SAVAS BERKOW, ET AL., APPELLANTS,
v.
NINA ISAEVNA, ET AL., APPELLEES
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PER CURIAM.
The Appellants, Counter-Petitioners in a dispute over an estate that has escheated to the State of Florida, appeal an order that denied their motion for summary judgment, granted the Appellees/Petition-ers final summary judgment, and awarded Petitioners the escheated funds. We reverse.
The record demonstrates that there were genuine issues of material fact regarding whether the Appellees were legitimate heirs of the decedent. Hence, the court erred in granting summary judgment. Moore v. Morris, 475 So. 2d 666 (Fla.1985); Copeland v. Fla. New Invs., Corp., 905 So. 2d 979, 980 (Fla. 3d DCA 2005). The Appellants had presented affidavits asserting that all of the decedent’s heirs above them in the statutory hierarchy had died, § 732.103, Fla. Stat. (2004), arguably entitling them to the funds. They had also presented affidavits challenging the legitimacy of the Appellees as heirs. These issues of fact cannot be resolved on summary judgment. Moreover, on summary judgment the court cannot weigh testimony or make factual findings. Deakter v. Menendez, 830 So. 2d 124 (Fla. 3d DCA 2002). Therefore, the court erred in entering the orders on appeal here.
Summary judgment reversed.
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Jossy Mansur and Serge Mansur v. Podhurst Orseck, P.A., 994 So. 2d 435 (Fla. 3d DCA 2008)…sional negligence. But on the narrow question considered below, whether or not the appellants have created a genuine issue regarding a material fact, we are required to reverse as to these two appellants. Moore, 475 So. 2d at 668; Berkow v. Isaevna, 983 So. 2d 1242 (Fla. 3d DCA 2008); Model Rules of Profl Conduct Scope ¶ 17 (2004) (‘Whether a client-lawyer relationship exists for any specific purpose can depend on the circumstances and may be a question of fact.”). Reversed and remanded for further proceeding…
Authorities Cited
- Moore v. Morris, 475 So. 2d 666 (Fla. 1985)
- State v. Jignore Oglester, 830 So. 2d 124 (Fla. 3d DCA 2002)
- Ruquyya Copeland v. Fla. NEW Invs. Corp. & John Walters, 905 So. 2d 979 (Fla. 3d DCA 2005)