STATE OF FLORIDA EX REL. CHARLES E. BOOTH, AS EXECUTOR UNDER THE LAST WILL AND TESTAMENT OF FLORENCE I. HERLAND, DECEASED, PETITIONER,

v.

HONORABLE JOHN S. BYINGTON, AS COUNTY JUDGE IN AND FOR VOLUSIA COUNTY, FLORIDA, RESPONDENT

Citator

Cited By

• In re Preer Beverly, 342 So. 2d 481 (Fla. 1977)
  …te courts have been divided, though probably the majority have adopted the stricter reasonable doubt standard. See In re Ballay, 157 U.S.App.D.C. 59, 482 F. 2d 648 (1973); Lessard v. Schmidt, 349 F.Supp. 1078 (E.D.Wis.1972); In re Pickles' Petition, 170 So. 2d 603 (Fla.App.1965). For several reasons this court declines to accept this viewpoint, and instead adopts the standard of ‘clear and convincing’ evidence as the better rule.” 540 P. 2d 818 at 822. We agree with the New Mexico court and hold that the sta…

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• Campbell v. Stoner, 249 So. 2d 474 (Fla. 3d DCA 1971)
  …t the fact to be weighed in making a judicial determination of incompetency is not whether the individual needs psychiatric treatment, but whether he is incapable of caring for himself or managing his property. In re Pickles’ Petition, Fla.App.1965, 170 So. 2d 603. No such fact is recited in the oral order set forth in the affidavit. This record shows no judicial determination and adjudication that Stoner was incompetent before or after service of process. We do not hold that an adjudication of incompetcncy…
• Rakoff v. World Ins. Co., 191 So. 2d 476 (Fla. 3d DCA 1966)
  …in nature, as opposed to a mental disorder or insanity; and that this condition therefore was not excluded under the terms of the policy. The word “insanity” is well known to be a legal and not a medical term. In re Pickles’ Petition, Fla.App.1965, 170 So. 2d 603. Though the word may have several different connotations in various applications, we are dealing here with the construction of terms of an insurance contract and are governed, therefore, by the rules set forth in Rigel v. National Casualty Company,…