Alvin v. Berry

District Court of Appeal of Florida

Alvin v. Berry

438 So. 2d 898, 1983 Fla. App. LEXIS 24481

District Court of Appeal of Florida·Decided September 20, 1983·No. No. 83-350·Published·Cited by 1 cases

Opinion

PER CURIAM.

The record reflects that the evidence presented by appellant is incompetent to raise a genuine issue of material fact on the question of the order of decedents’ deaths. We find, therefore, that under the facts appearing without controversy, appellant cannot prevail and that the trial court properly entered summary judgment in favor of appellee. See Mejiah v. Rodriguez, 342 So.2d 1066 (Fla. 3d DCA 1977); Megdell v. Wieder, 327 So.2d 781 (Fla. 3d DCA), cert. denied 341 So.2d 1087 (Fla.1976). Affirmed.

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PER CURIAM.

The record reflects that the evidence presented by appellant is incompetent to raise a genuine issue of material fact on the question of the order of decedents’ deaths. We find, therefore, that under the facts appearing without controversy, appellant cannot prevail and that the trial court properly entered summary judgment in favor of appellee. See Mejiah v. Rodriguez, 342 So.2d 1066 (Fla. 3d DCA 1977); Megdell v. Wieder, 327 So.2d 781 (Fla. 3d DCA), cert. denied 341 So.2d 1087 (Fla.1976). Affirmed.

Alvin v. Berry, 438 So. 2d 898, 1983 Fla. App. LEXIS 24481 (Fla. Ct. App. 1983).

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Opinion

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