Dobbs v. Doblitz

District Court of Appeal of Florida

Dobbs v. Doblitz

425 So. 2d 1207, 1983 Fla. App. LEXIS 21559

CourtDistrict Court of Appeal of Florida

DecidedFebruary 2, 1983

DocketNo. 81-1922

StatusPublished

Cited by1 cases

This text of 425 So. 2d 1207 (Dobbs v. Doblitz) 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

Dobbs v. Doblitz, 425 So. 2d 1207, 1983 Fla. App. LEXIS 21559 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

The. trial court granted summary judgment in a will contest which involved allegations of undue influence and lack of testamentary capacity. Without detailing all of the conflicting evidence, it suffices to say that the summary judgment was improper. “It is axiomatic that summary judgment may not be used as a substitute for trial and that if the pleadings, depositions, answers to interrogatories, admissions, affidavits and other evidence in the file raise the slightest doubt upon any issue of material fact then a summary judgment may not be [1208]*1208entered.” Unijax, Inc. v. Factory Insurance Association, 328 So.2d 448, 449 (Fla. 1st DCA), cert. denied, 341 So.2d 1086 (Fla.1976).

REVERSED and REMANDED.

GLICKSTEIN and HURLEY, JJ., and OWEN, WILLIAM C., Jr., Associate Judge, concur.

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PER CURIAM.

The. trial court granted summary judgment in a will contest which involved allegations of undue influence and lack of testamentary capacity. Without detailing all of the conflicting evidence, it suffices to say that the summary judgment was improper. “It is axiomatic that summary judgment may not be used as a substitute for trial and that if the pleadings, depositions, answers to interrogatories, admissions, affidavits and other evidence in the file raise the slightest doubt upon any issue of material fact then a summary judgment may not be [1208]*1208entered.” Unijax, Inc. v. Factory Insurance Association, 328 So.2d 448, 449 (Fla. 1st DCA), cert. denied, 341 So.2d 1086 (Fla.1976).

REVERSED and REMANDED.

GLICKSTEIN and HURLEY, JJ., and OWEN, WILLIAM C., Jr., Associate Judge, concur.

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425 So. 2d 1207, 1983 Fla. App. LEXIS 21559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dobbs-v-doblitz-fladistctapp-1983.

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