First National Bank of Miami v. Risolia

District Court of Appeal of Florida

First National Bank of Miami v. Risolia

200 So. 2d 260, 1967 Fla. App. LEXIS 4967

CourtDistrict Court of Appeal of Florida

DecidedMay 31, 1967

DocketNo. 67-154

StatusPublished

Cited by2 cases

This text of 200 So. 2d 260 (First National Bank of Miami v. Risolia) 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

First National Bank of Miami v. Risolia, 200 So. 2d 260, 1967 Fla. App. LEXIS 4967 (Fla. Ct. App. 1967).

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Opinion

PER CURIAM.

A review of appellee’s amended petition discloses that the relief sought concerns the construction of the terms and provisions of a will. In re Rogers’ Estate, Fla.App. 1965, 180 So.2d 167; King v. Citizens & Southern Nat. Bank of Atlanta, Ga., Fla.App.1958, 103 So.2d 689. The circuit court has jurisdiction to construe the provisions of a will so long as the will has first been probated and the circuit court was the court first obtaining jurisdiction for construction. Section 732.42 Fla.Stat., F.S.A.; In re Dahl’s Estate, Fla.App.1960, 125 So.2d 332, 335.

Therefore, no error has been shown in the order of the circuit court denying appellant’s motion to dismiss appellee’s amended petition and we affirm.

Affirmed.

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PER CURIAM.

A review of appellee’s amended petition discloses that the relief sought concerns the construction of the terms and provisions of a will. In re Rogers’ Estate, Fla.App. 1965, 180 So.2d 167; King v. Citizens & Southern Nat. Bank of Atlanta, Ga., Fla.App.1958, 103 So.2d 689. The circuit court has jurisdiction to construe the provisions of a will so long as the will has first been probated and the circuit court was the court first obtaining jurisdiction for construction. Section 732.42 Fla.Stat., F.S.A.; In re Dahl’s Estate, Fla.App.1960, 125 So.2d 332, 335.

Therefore, no error has been shown in the order of the circuit court denying appellant’s motion to dismiss appellee’s amended petition and we affirm.

Affirmed.

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200 So. 2d 260, 1967 Fla. App. LEXIS 4967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-of-miami-v-risolia-fladistctapp-1967.

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