SUSAN BRAUN
v.
TRACEY SAGER, ET AL.

Fla. 3d DCA | 2025-12-03
No. 2024-1192
Scales, C.J., Lindsey, J., Gordo, J., Santovenia, J.
2025 FL 11401 Florida District Court of Appeal, Third District (2025)

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Holding

A will admitted to probate by the trial court will be affirmed on appeal absent a lack of substantial competent evidence supporting the trial court's findings or a clear misapprehension of the legal effect of the evidence.

Headnotes

[1] An appellate court will not disturb a probate court's findings of fact and conclusions of law admitting a will to probate unless there is a lack of substantial competent…

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Key Quotes

“It has long been emphasized that the right to dispose of one's property by will is highly valuable and it is the policy of the law to hold a last will and testament good wherever possible.”

Raimi v. Furlong, 702 So. 2d 1273, 1286 (Fla. 3d DCA 1997)
Facts & Procedural History

Susan Braun appealed a probate court decision admitting a will to probate. The trial court, Judge Maria de Jesus Santovenia, found the will validly ex…

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Topics
Will Contest Competent Substantial Evidence Standard Of Review

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Opinion of the Court
Scales

Third District Court of Appeal State of Florida

Opinion filed December 3, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-1192 Lower Tribunal No. 19-5346-CP-02 ________________

Susan Braun, Appellant,

vs.

Tracey Sager, et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Maria de Jesus Santovenia, Judge.

Susan Braun, in proper person.

Law Offices of Robert P. Frankel, P.A., and Robert P. Frankel (Plantation), for appellee Jeff Braun; Gutter, Chaves and Sean M. Lebowitz (Boca Raton), for appellee Tracey Sager.

Before SCALES, C.J., and LINDSEY and GORDO, JJ.

PER CURIAM.

Footnotes
2 Affirmed. See Raimi v. Furlong, 702 So. 2d 1273, 1286 (Fla. 3d DCA 1997) (“It has long been emphasized that the right to dispose of one’s property by will is highly valuable and it is the policy of the law to hold a last will and testament good wherever possible.”); In re Shifflet’s Estate, 170 So. 2d 96, 98 (Fla. 3d DCA 1964) (“[T]he will in its original form was validly executed and [was] entitled to probate[.]”); Taft v. Zack, 830 So. 2d 881, 883 (Fla. 2d DCA 2002) (“The will, as originally written, was [valid and] entitled to be admitted to probate.”); Heasley v. Evans, 104 So. 2d 854, 857 (Fla. 2d DCA 1958) (“An appellate court will not disturb the findings of fact and conclusions of law of a probate court in a will contest unless there is a lack of substantial competent evidence to support the findings or unless it is clearly manifested that the trial judge misapprehended the legal effect of the evidence in its entirety. . . . Accordingly, the order admitting the will to probate is hereby affirmed.”).

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