Barnes v. Guardianship of Barnes

Full title: Mary Louise BARNES, Appellant, v. In re GUARDIANSHIP OF Mary Louise…

Court: District Court of Appeal of Florida, Third District

Date published: Apr 6, 2005

898 So. 2d 1185 (Fla. Dist. Ct. App. 2005)

Opinion

No. 3D04-1934.

April 6, 2005.

An Appeal from the Circuit Court for Miami-Dade County, Arthur Rothenberg, Judge.

Navon Lavin and Andrew T. Lavin, Fort Lauderdale, for appellant.

Wicker, Smith, O'Hara, McCoy, Graham Ford and Shelley H. Leinicke, Fort Lauderdale, for appellee.

Before FLETCHER and CORTIÑAS, JJ. and SCHWARTZ, Senior Judge.

PER CURIAM.

Although the Court has jurisdiction to review the probate order on appeal, see Delgado v. Estate of Garriga, 870 So.2d 912 (Fla. 3d DCA 2004), the appellant has failed to demonstrate reversible error. See Am. Red Cross v. Estate of Haynsworth, 708 So.2d 602, 606 (Fla. 3d DCA 1998) (adjudication of incompetency creates prima facie case against proponent of later-executed instrument rebuttable by sufficient showing of execution during "lucid interval"); 3 Fla. Jur.2d Appellate Review § 96 (2004) (failure to assert contention in trial court precludes consideration on appeal).

Affirmed.