Legal Opinion

Hicks v. Hicks ex rel. Wilson

District Court of Appeal of Florida

Decided July 23, 1986No. 85-1506Published

1Opinion of the Court

GLICKSTEIN, Judge.

This is an appeal by the grantor’s personal representative of a final judgment in favor of the grantees in an action originally brought by the grantor to set aside a warranty deed. We affirm and conclude that the evidence supports the trial court’s decision, given the reasonable explanation of the grantee granddaughter to overcome the rebuttable presumption of undue influence. Although each point raised by appellant has not been discussed, each has been given careful consideration.

We take this opportunity to clarify the court’s position on the burden of proof in a deed case…

2Cases cited5 opinions

  1. In Re Estate of CarpenterSupreme Court of Florida · 1971
  2. Jordan v. NollDistrict Court of Appeal of Florida · 1982
  3. National Bank of Melbourne & Trust Co. v. BatchelorDistrict Court of Appeal of Florida · 1972
  4. Tallahassee Bank & Trust Co. v. BrooksDistrict Court of Appeal of Florida · 1967
  5. In Re Estate of DavisDistrict Court of Appeal of Florida · 1984

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