Harnick v. Harnick

Full title: CARL HARNICK, APPELLANT, v. ETHEL HARNICK, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jan 31, 1984

444 So. 2d 87 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1340.

January 31, 1984.

Appeal from the Circuit Court, Dade County, John Gale, J.

Keith, Mack, Lewis Allison and R. Hugh Lumpkin, Miami, for appellant.

Burnett Roth, Miami Beach, for appellee.

Before BARKDULL, NESBITT and FERGUSON, JJ.

PER CURIAM.

A presumption of undue influence did not arise where the daughter, beneficiary of inter vivos gifts and beneficiary under a will, although occupying a confidential relationship with the testator, was not shown to have actively procured the will or the gifts. See In re Estate of Carpenter, 253 So.2d 697 (Fla. 1971); In re Estate of Smith, 212 So.2d 74 (Fla. 4th DCA 1968).

Affirmed.