Barnes v. Guardianship of Barnes

District Court of Appeal of Florida

Barnes v. Guardianship of Barnes

898 So. 2d 1185, 2005 Fla. App. LEXIS 4627, 2005 WL 767097

CourtDistrict Court of Appeal of Florida

DecidedApril 6, 2005

DocketNo. 3D04-1934

StatusPublished

Cited by1 cases

This text of 898 So. 2d 1185 (Barnes v. Guardianship of Barnes) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Barnes v. Guardianship of Barnes, 898 So. 2d 1185, 2005 Fla. App. LEXIS 4627, 2005 WL 767097 (Fla. Ct. App. 2005).

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Opinion

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.

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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.

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898 So. 2d 1185, 2005 Fla. App. LEXIS 4627, 2005 WL 767097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-guardianship-of-barnes-fladistctapp-2005.

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