IN RE THE ESTATE OF GARFIELD A. WOOD, DECEASED. JOHN S. CHOWNING AND THE MIAMI BEACH FIRST NATIONAL BANK, AS EXECUTORS OF THE ESTATE OF GARFIELD A. WOOD, DECEASED, ET AL., PETITIONERS,
v.
GARFIELD A. WOOD, JR., RESPONDENT
Explore caselaw by topic → Browse Petition For Revocation Of Will cases and more on FLexlaw
This cause is before us to review the decision of the District Court of Appeal, Third District, reported at 271 So.2d 42, a decision certified by the District Court as passing on a question of great public interest, recited by that Court as follows:
“[D]oes an amended petition for revocation of a will which contains a renunciation of righ,t to take under the will relate back to the time of the filing of the first petition which did not contain a. renunciation, so that the renunciation is timely even though the statutory time for the filing of a renunciation expired prior to the filing of the amended petition?”
We have jurisdiction of the cause under the authority of Section 3(b) (3), Article V, Constitution of Florida, F.S.A., F.A.R. 4.6, 32 F.S.A.
After argument and upon consideration of the record and briefs, we hold that the District Court of Appeal has correctly decided the cause and its decision is adopted as the ruling of this Court.
Accordingly, certiorari is discharged.
It is so ordered.
CARLTON, C. J., and ERVIN, ADKINS, BOYD and DREW (Retired), JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
-
Barnett v. Antonacci, 122 So. 3d 400 (Fla. 4th DCA 2013)…st, 978 So. 2d at 140). “It is a fundamental rule of construction that, if possible, amendments to the Constitution should be construed so as to harmonize with other constitutional provisions.... ” State v. Div. of Bond Fin. of Dep’t of Gen. Servs., 278 So. 2d 614, 617 (Fla.1973). A bedrock of the Florida Constitution is the separation of powers doc [*405] trine, which provides that “[n]o person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly pr…
-
Hilltop Ranch, Inc. v. Brown, 308 So. 2d 124 (Fla. 1st DCA 1975)…amended complaint, containing the allegation of payment and receipt therefor, related back to the date of the original complaint. See In re Estate of Wood, 271 So. 2d 42 (Fla.App. 3rd, 1972), opinion affirmed and adopted by Florida Supreme Court in 278 So. 2d 614 (Fla.1973). Thus, even if we were to hold that the payment of the taxes within the 60 days allowed for filing a complaint were a jurisdictional prerequisite, which we decline to do at this time, we find that appellant complied with the requirement w…
-
Harlton Cowart v. Perkins, 445 So. 2d 654 (Fla. 2d DCA 1984)…amended complaint, containing the allegation of payment and receipt therefor, related back to the date of the original complaint. See In re Estate of Wood, 271 So. 2d 42 (Fla.App. 3rd, 1972), opinion affirmed and adopted by Florida Supreme Court in 278 So. 2d 614 (Fla.1973). Thus, even if we were to hold that the payment of the taxes within the 60 days allowed for filing a complaint were a jurisdictional prerequisite, which we decline to do at this time, we find that appellant complied with the requirement w…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In re Est. of Garfield A. Wood v. Chowning, 271 So. 2d 42 (Fla. 3d DCA 1972)