IN RE ESTATE OF MINNIE MERZ, DECEASED
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that even if a trial judge's reasoning is flawed, the judgment must be affirmed if the legal conclusions were correct.
The county judge granted a directed verdict against the opponent of a will on issues of undue influence and lack of testamentary capacity. The judge's…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Testamentary Capacity cases and more on FLexlaw
At first, this will contest case gave us pause. The county judge below granted a directed verdict against the opponent of the will of Minnie Merz, deceased, on the two main issues of undue influence and lack of testamentary capacity. In his written order the judge appears to have confused his function as trial judge with his function as trier of fact, and some of his findings sound as rulings of law while others are determinations of fact. Nevertheless his conclusions of law on each issue were correct although, perhaps, for erroneous reasons. In such case we must affirm.1
We take this opportunity, now, to remind the trial bench that directed verdicts in non-jury trials are governed by the same rules and principles as in jury trials.2 Moreover, we emphasize that caution be taken in the rulings of the court in these cases so that matters of law and fact be clearly delineated for purposes of review in the event of appeal.
While, as noted, such precautions were not followed meticulously here no prejudice nor reversible error has been made to appear. Accordingly, the judgment appealed from should be, and it is hereby, affirmed.
Affirmed.
MANN, C. J., and LILES and Mc-NULTY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In re Est. of Minnie Merz v. Union Tr. Nat'l Bank C. T. A. of the Est. of Minnie Merz, 278 So. 2d 627 (Fla. 1973)…Certiorari denied. 273 So. 2d 795. CARLTON, C. J., and ROBERTS, ERVIN, ADKINS and DEKLE, JJ., concur.…
-
Aquarius Yacht & Tennis Club, Inc. v. Rhoda Bouzek and Leslie Bouzek, 300 So. 2d 23 (Fla. 3d DCA 1974)…cholson, Fla.App. 1970, 249 So. 2d 84; Orange Julius Realty Corporation v. Sunshine Toy Center, Inc., Fla.App.1971, 251 So. 2d 681; Latin American Benefit Center, Inc. v. Johstoneaux, Fla.App. 1972, 257 So. 2d 86; In Re Estate of Merz, Fla.App.1973, 273 So. 2d 795; Pierson v. Sharp, Fla.App.1973, 283 So. 2d 880; Walton v. Walton, Fla.App.1974, 290 So. 2d 110; Potash v. Dry & Company, 8 Fla.Supp. 174; Rule 1.190(b), R.C.P.…
Authorities Cited
- In re Est. of Carl Sylvester Yohn, 238 So. 2d 290 (Fla. 1970)
- Hartnett v. Fowler, 94 So. 2d 724 (Fla. 1957)
- Braren v. Lawyers' Realty Abstract Co. OF Sarasota, 196 So. 2d 244 (Fla. 2d DCA 1967)
- Katz v. Mendheim, 244 So. 2d 560 (Fla. 3d DCA 1971)