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De Alba v. Adams

District Court of Appeal of Florida, Fifth District
Aug 1, 1991
582 So. 2d 1254 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1310.

August 1, 1991.

Appeal from the Circuit Court for Sumter County; John W. Booth, Judge.

David A. Donet, Miami, for appellant.

John F. Johnson, Bushnell, for appellees.


This is an appeal from an order striking a petition for revocation of probate of a will, and from the dismissal of appellant's alleged cause of action. See Fla.R.P. G.P. 5.100.

At issue is whether the trial judge erred in refusing to consider an affidavit filed by appellant in opposition to the motion to strike. Upon due consideration of the various allegations of appellant and in view of the sufficiency of the affidavit filed in his behalf before the hearing, in the interest of justice we deem it error for the trial judge to have dismissed the cause, after striking the petition, without conducting a full evidentiary hearing.

The order is quashed and the petition reinstated and this cause remanded for an evidentiary hearing on the motion to strike.

REVERSED and REMANDED.

DAUKSCH, COBB and GRIFFIN, JJ., concur.


Summaries of

De Alba v. Adams

District Court of Appeal of Florida, Fifth District
Aug 1, 1991
582 So. 2d 1254 (Fla. Dist. Ct. App. 1991)
Case details for

De Alba v. Adams

Case Details

Full title:JUAN GASPAR DE ALBA, APPELLANT, v. FELIX M. ADAMS, ET AL., APPELLEES

Court:District Court of Appeal of Florida, Fifth District

Date published: Aug 1, 1991

Citations

582 So. 2d 1254 (Fla. Dist. Ct. App. 1991)