Crescenzo v. Simpson

SALARIO, Judge.

*214William Crescenzo appeals from an order of the probate court that admitted the will of Herminia M. Quinones to probate. He argues that before it could admit the will, the probate court had to decide a challenge to the will's validity that was contained in an answer he filed. Ms. Quinones' estate, however, says that because Mr. Crescenzo's challenge was not contained in a caveat under Florida Probate Rule 5.260, the court did not have to decide that challenge before admitting the will to probate. We hold that Mr. Crescenzo's answer was the functional equivalent of a caveat and…