ESTATE OF FLORENCE N. ROBBINS, DECEASED, APPELLANT,
v.
JOHN SCHILLING, APPELLEE
ESTATE OF FLORENCE N. ROBBINS, DECEASED, APPELLANT,
JOHN SCHILLING, APPELLEE
200 So. 2d 646
Florida District Court of Appeal, Third District (1967)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Appellant seeks reversal of a final judgment entered against the estate of Florence N. Robbins, deceased, in an action on two promissory notes.
Appellant contends (1) that the trial court erred in striking the answer of the executor of the estate for his failure to pay the fee of the administrator ad litem, and (2) that the court erred in permitting the appellee-plaintiff to testify as to transactions with the deceased, Florence N. Robbins.
We find merit in both contentions and reverse. See § 90.05 Fla.Stat., F.S.A.
Reversed and remanded.
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Citator
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The Prudential Ins. Co. OF Am. v. Latham, 207 So. 2d 733 (Fla. 3d DCA 1968)…1966. This finding comes to this court carrying a presumption of correctness, and the burden falls upon the party seeking reversal to clearly demonstrate error. Stanley v. Stanley, Fla.App.1967, 201 So. 2d 613; Schiffman v. Schiffman, Fla.App.1967, 200 So. 2d 646; Southern National Bank of Fort Walton Beach v. Young, Fla.App.1962, 142 So. 2d 788. The finding is entitled to the weight of a jury verdict. It will not be disturbed where supported by substantial competent evidence, Stanley v. Stanley, supra; Ains…
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AAA Auto Leasing, Inc. v. Morse Taxi & Baggage Transfer, Inc., 204 So. 2d 902 (Fla. 3d DCA 1967)…been made to appear in permitting the intervention. Hawkins v. Perry, 146 Fla. 766, 1 So. 2d 620; Arsenault v. Thomas, Fla.App.1958, 104 So. 2d 120; City of Miami v. Bus Benches Co., Fla.App.1965, 174 So. 2d 49; Schiffman v. Schiffman, Fla.App.1967, 200 So. 2d 646. Therefore, the order here under review is hereby affirmed. Affirmed.…