Suber v. Oliver

CALDWELL, Justice.

This cause is before us on petition for writ of certiorari to the District Court of Appeal, Third District. We find jurisdictional conflict between the decision sought to be reviewed1 and prior decisions of this Court.2

The sole question is whether, as a matter of law, on the facts of this cause, there was a presumption of undue influence. The facts upon which the district court found that such presumption did arise are set forth in its opinion and will not be recited here.

The rule in Florida is that a presumption of undue influence arises when a beneficiary who occupied a…