Lyons v. Smith

District Court of Appeal of Florida

Lyons v. Smith

576 So. 2d 797, 1991 Fla. App. LEXIS 1868, 1991 WL 29492

District Court of Appeal of Florida·Decided March 8, 1991·No. No. 89-03161·Published

Opinion

PER CURIAM.

We affirm the summary judgment denying appellant’s petition for establishment and probate of a lost or destroyed will. See In re Estate of Parson, 416 So.2d 513 (Fla. 4th DCA 1982); Steiner v. Ciba-Geigy Gory., 364 So.2d 47 (Fla. 3d DCA 1978). We find no merit in appellant’s argument that he was nonetheless entitled to an award of fees and costs under section 733.-106(2), Florida Statutes (1989).

Affirmed.

RYDER, A.C.J., and LEHAN and PARKER, JJ., concur.

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PER CURIAM.

We affirm the summary judgment denying appellant’s petition for establishment and probate of a lost or destroyed will. See In re Estate of Parson, 416 So.2d 513 (Fla. 4th DCA 1982); Steiner v. Ciba-Geigy Gory., 364 So.2d 47 (Fla. 3d DCA 1978). We find no merit in appellant’s argument that he was nonetheless entitled to an award of fees and costs under section 733.-106(2), Florida Statutes (1989).

Affirmed.

RYDER, A.C.J., and LEHAN and PARKER, JJ., concur.

Lyons v. Smith, 576 So. 2d 797, 1991 Fla. App. LEXIS 1868, 1991 WL 29492 (Fla. Ct. App. 1991).

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