LULA MAE JONES, IN RE ESTATE OF L. E. DOVE, DECEASED, APPELLANT,
v.
W. O. DOVE, APPELLEE
PER CURIAM.
Affirmed.
RAWLS, C. J., and BOYER and Mc-CORD, JJ., concur.
PER CURIAM.
ON REHEARING DENIED
This case arises from a proceeding contesting a will. In her Petition for Rehearing appellant urges that the trial judge followed the rule announced in the case of In Re Aldrich’s Estate, 1941, 148 Fla. 121, 3 So. 2d 856 instead of the subsequent reversing case, In re Estate of Carpenter, Sup. Ct.Fla.1971, 253 So. 2d 697. Accordingly, appellant urges in her petition that this Court erred in affirmance. Our reading of the record reveals that although it appears that the trial judge did indeed apply an erroneous rule of law, he nevertheless arrived at a correct conclusion and judgment. The law is so well settled as to require no citation of authority to the effect that a correct result or judgment, though based on an erroneous reason or rule, requires affirmance on appeal. In other words, it is the final conclusion or judgment which counts and not the reasons therefor. The Petition for Rehearing is therefore denied.
RAWLS, C. J., and BOYER and Mc-CORD, JJ., concur.
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McKENNON v. McKENNON, 312 So. 2d 804 (Fla. 1st DCA 1975)…under such circumstances may be imposed only following an adjudication of contempt. How [*807] ever, notwithstanding the erroneous motive, the taxation of the costs against the appellee was entirely appropriate. In Jones v. Dove, Fla.App. 1st 1974, 300 So. 2d 758 we said: “ * * * Our reading of the record reveals that although it appears that the trial judge did indeed apply an erroneous rule of law, he nevertheless arrived at a correct conclusion and judgment. The law is so well settled as to require no ci…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In re Est. of Coketine Bray Carpenter v. Carpenter, 253 So. 2d 697 (Fla. 1971)
- In re Est. of Charles E. Aldrich v. Acton, 148 Fla. 121 (Fla. 1941)