Ciccorella v. Ciccorella

District Court of Appeal of Florida

Ciccorella v. Ciccorella

407 So. 2d 1044, 1981 Fla. App. LEXIS 22091

CourtDistrict Court of Appeal of Florida

DecidedDecember 29, 1981

DocketNo. 81-100

StatusPublished

Cited by1 cases

This text of 407 So. 2d 1044 (Ciccorella v. Ciccorella) 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.

Bluebook

Ciccorella v. Ciccorella, 407 So. 2d 1044, 1981 Fla. App. LEXIS 22091 (Fla. Ct. App. 1981).

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Opinion

FERGUSON, Judge.

We affirm the order of the trial court finding that the deceased was competent in December, 1977 at the time he executed a second codicil to the contested will. We hold that Section 733.109(l)(b), Florida Statutes (1979) did not create an entitlement to jury trial as a matter of right with respect to the issue of testamentary capacity. Allen v. Estate of Dutton, 394 So.2d 132 (Fla. 5th DCA 1980). In this case, the relevant testimony is as to the capacity of the decedent on the date he executed the second codicil. Miller v. Flowers, 158 Fla. 51, 27 So.2d 667 (1946). It is not the responsibility of this court to resolve conflicting evidence. Because there is competent evidence in the record to support the determinations of fact made by the trial court, the order is

AFFIRMED.

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FERGUSON, Judge.

We affirm the order of the trial court finding that the deceased was competent in December, 1977 at the time he executed a second codicil to the contested will. We hold that Section 733.109(l)(b), Florida Statutes (1979) did not create an entitlement to jury trial as a matter of right with respect to the issue of testamentary capacity. Allen v. Estate of Dutton, 394 So.2d 132 (Fla. 5th DCA 1980). In this case, the relevant testimony is as to the capacity of the decedent on the date he executed the second codicil. Miller v. Flowers, 158 Fla. 51, 27 So.2d 667 (1946). It is not the responsibility of this court to resolve conflicting evidence. Because there is competent evidence in the record to support the determinations of fact made by the trial court, the order is

AFFIRMED.

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407 So. 2d 1044, 1981 Fla. App. LEXIS 22091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ciccorella-v-ciccorella-fladistctapp-1981.

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