Khoury v. Estate of Kashey

JORGENSON, Judge.

Upon a finding that the will contestants who petitioned to revoke the probate of Rose Kashey’s will had utterly no evidence to support their allegations of undue influence or lack of testamentary capacity, the trial court granted an involuntary dismissal. The trial court thereafter entered an order on final judgment granting the personal representative’s petition to tax costs and attorney’s fees pursuant to section 57.105, Florida Statutes (1985).1 The contestants’ motion to set aside the final judgment taxing costs and attorney’s fees sought relief under Florida Rule of…