Olshen v. Robinson

District Court of Appeal of Florida

Olshen v. Robinson

248 So. 2d 534, 1971 Fla. App. LEXIS 6547

CourtDistrict Court of Appeal of Florida

DecidedMay 18, 1971

DocketNo. 70-700

StatusPublished

Cited by4 cases

This text of 248 So. 2d 534 (Olshen v. Robinson) 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

Olshen v. Robinson, 248 So. 2d 534, 1971 Fla. App. LEXIS 6547 (Fla. Ct. App. 1971).

Pincite

Opinion

PER CURIAM.

Appellant suffered an order in the nature of a directed verdict dismissing his complaint at the conclusion of his case as plaintiff in an action to establish a trust in property held by an estate. The single point on appeal urges that the trial judge misapplied F.S. § 90.05, F.S.A., commonly called the “Dead Man’s Statute”. It clearly appears that the transaction appellant sought to establish does not come under the holding of the case of Tharp v. Kitchell, 151 Fla. 226, 9 So.2d 457 (1942), because the transaction was with the deceased personally and not with the deceased as an officer of the corporation. No error has been shown.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellant suffered an order in the nature of a directed verdict dismissing his complaint at the conclusion of his case as plaintiff in an action to establish a trust in property held by an estate. The single point on appeal urges that the trial judge misapplied F.S. § 90.05, F.S.A., commonly called the “Dead Man’s Statute”. It clearly appears that the transaction appellant sought to establish does not come under the holding of the case of Tharp v. Kitchell, 151 Fla. 226, 9 So.2d 457 (1942), because the transaction was with the deceased personally and not with the deceased as an officer of the corporation. No error has been shown.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

248 So. 2d 534, 1971 Fla. App. LEXIS 6547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olshen-v-robinson-fladistctapp-1971.

Opinion

Related

Cite This Page — Counsel Stack