Ranfranz v. Hann

District Court of Appeal of Florida

Ranfranz v. Hann

716 So. 2d 335, 1998 Fla. App. LEXIS 10459, 1998 WL 527071

CourtDistrict Court of Appeal of Florida

DecidedAugust 21, 1998

DocketNo. 97-05117

StatusPublished

This text of 716 So. 2d 335 (Ranfranz v. Hann) 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

Ranfranz v. Hann, 716 So. 2d 335, 1998 Fla. App. LEXIS 10459, 1998 WL 527071 (Fla. Ct. App. 1998).

Pincite

Opinion

PER CURIAM.

This appeal arises out of a will contest in which the trial court entered a partial summary judgment addressing whether certain accounts passed by survivorship or by the terms of a 1993 will. We reverse because the will that the trial court construed has not been admitted to probate.

Decedent’s daughter, Dorothy June Hann, filed a petition for administration seeking to have admitted to probate a will of the decedent dated February 15, 1990. Decedent’s other daughter, Ruth Ranfranz, filed a response and counterpetition denying that the February 15, 1990, will was the decedent’s last will and offering for probate a subsequent will dated February 12, 1993. Hann then filed a motion for partial summary judgment seeking a determination that certain accounts passed by survivorship rather than pursuant to the 1993 will. Although it appears the trial court’s ruling may be correct, we hold that the trial court entered the partial summary judgment prematurely.

Section 733.213, Florida Statutes (1997), provides that “[n]o pleading seeking construction, of a will may be maintained until the will has first been probated.” It is undisputed that neither will has yet been admitted to probate. Therefore, we reverse the trial court’s order granting the motion for partial summary judgment and remand for further proceedings.

Reversed and remanded for further proceedings.

PARKER, C.J., and FULMER and GREEN, JJ., concur.

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

PER CURIAM.

This appeal arises out of a will contest in which the trial court entered a partial summary judgment addressing whether certain accounts passed by survivorship or by the terms of a 1993 will. We reverse because the will that the trial court construed has not been admitted to probate.

Decedent’s daughter, Dorothy June Hann, filed a petition for administration seeking to have admitted to probate a will of the decedent dated February 15, 1990. Decedent’s other daughter, Ruth Ranfranz, filed a response and counterpetition denying that the February 15, 1990, will was the decedent’s last will and offering for probate a subsequent will dated February 12, 1993. Hann then filed a motion for partial summary judgment seeking a determination that certain accounts passed by survivorship rather than pursuant to the 1993 will. Although it appears the trial court’s ruling may be correct, we hold that the trial court entered the partial summary judgment prematurely.

Section 733.213, Florida Statutes (1997), provides that “[n]o pleading seeking construction, of a will may be maintained until the will has first been probated.” It is undisputed that neither will has yet been admitted to probate. Therefore, we reverse the trial court’s order granting the motion for partial summary judgment and remand for further proceedings.

Reversed and remanded for further proceedings.

PARKER, C.J., and FULMER and GREEN, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

716 So. 2d 335, 1998 Fla. App. LEXIS 10459, 1998 WL 527071, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ranfranz-v-hann-fladistctapp-1998.