Legal Opinion

Carman v. Gilbert

Supreme Court of Florida

Decided June 30, 1994No. 81209PublishedCited by 11 opinions

1Opinion of the Court

HARDING, Justice.

We have for review the opinion in Carman v. Gilbert, 615 So.2d 701 (Fla. 2d DCA 1992), which certified conflict with the opinion in In re Estate of Stein, 301 So.2d 120 (Fla. 3d DCA 1974). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution. We quash the decision below because a renunciation of benefits which is included in a petition to revoke probate of a will should be interpreted as a qualified renunciation.

This ease involves a will contest in which Theresa H. Carman (Carman) filed a petition for revocation of probate of her brother’s…

2Cases cited5 opinions

  1. Pournelle v. BaxterSupreme Court of Florida · 1942
  2. Barnett Nat. Bank of Jacksonville v. MurreySupreme Court of Florida · 1950
  3. Carman v. GilbertDistrict Court of Appeal of Florida · 1992
  4. In re Estate of HarbyDistrict Court of Appeal of Florida · 1972
  5. Abrams v. JacobsonDistrict Court of Appeal of Florida · 1974

3Cited by11 opinions

  1. Fintak v. FintakDistrict Court of Appeal of Florida · 2013
  2. In Re Estate of CiaffoniSuperior Court of Pennsylvania · 2001
  3. In Re Estate of ParisDistrict Court of Appeal of Florida · 1997
  4. Tunison v. Bank of America, N.A.District Court of Appeal of Florida · 2014
  5. Shuck v. SmallsDistrict Court of Appeal of Florida · 2012

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