Nieto v. Wells

District Court of Appeal of Florida

Nieto v. Wells

576 So. 2d 767, 1991 Fla. App. LEXIS 1475, 1991 WL 22558

CourtDistrict Court of Appeal of Florida

DecidedFebruary 26, 1991

DocketNo. 90-1473

StatusPublished

This text of 576 So. 2d 767 (Nieto v. Wells) 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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Nieto v. Wells, 576 So. 2d 767, 1991 Fla. App. LEXIS 1475, 1991 WL 22558 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Appellants appeal the trial court’s denial of a petition for administration of a will. We affirm.

We have carefully considered each of appellants’ points on appeal. Construing the record as a whole, we conclude there was competent substantial evidence to support the trial court’s finding that the will was procured by undue influence and that the testator, Elsie Elliott Ryan, lacked testamentary capacity when the will was executed. It is not this court’s function to reweigh the evidence and we must give all deference to the trial court’s decision. See Sun Bank/Miami, N.A. v. Hogarth, 536 So.2d 263, 267 (Fla. 3d DCA 1988), review denied 545 So.2d 1369 (Fla.1989); Elson v. Vargas, 520 So.2d 76, 78 (Fla. 3d DCA), review denied 528 So.2d 1181 (Fla.1988); Sacchetti v. McDermott, 538 So.2d 127 (Fla. 2d DCA 1989).

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PER CURIAM.

Appellants appeal the trial court’s denial of a petition for administration of a will. We affirm.

We have carefully considered each of appellants’ points on appeal. Construing the record as a whole, we conclude there was competent substantial evidence to support the trial court’s finding that the will was procured by undue influence and that the testator, Elsie Elliott Ryan, lacked testamentary capacity when the will was executed. It is not this court’s function to reweigh the evidence and we must give all deference to the trial court’s decision. See Sun Bank/Miami, N.A. v. Hogarth, 536 So.2d 263, 267 (Fla. 3d DCA 1988), review denied 545 So.2d 1369 (Fla.1989); Elson v. Vargas, 520 So.2d 76, 78 (Fla. 3d DCA), review denied 528 So.2d 1181 (Fla.1988); Sacchetti v. McDermott, 538 So.2d 127 (Fla. 2d DCA 1989).

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576 So. 2d 767, 1991 Fla. App. LEXIS 1475, 1991 WL 22558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nieto-v-wells-fladistctapp-1991.

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