Opinion

First National Bank of Miami v. Risolia

1967 Fla. App. LEXIS 4967 · District Court of Appeal of Florida · May 31, 1967

Full text

The FIRST NATIONAL BANK OF MIAMI v. Sonia Feldmann RISOLIA

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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Metadata

Status: Published
Author
Judges: Hendry, Pearson, Swann
Cluster ID: 7500304

Citations

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

Cited by

WILLIAM GUNDLACH, III v. JON ERIK GUNDLACH
District Court of Appeal of Florida · May 25, 2022
ALFREDO TENDLER v. KENNETH N. JOHNSON
District Court of Appeal of Florida · Dec 22, 2021

Parentheticals

finding that “[t]he 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”
ALFREDO TENDLER v. KENNETH N. JOHNSON
finding that “[t]he circuit court has jurisdiction to construe 6 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”
WILLIAM GUNDLACH, III v. JON ERIK GUNDLACH