Deigaard v. Baya

It is my view that the decision reached by the majority is not required by the holding in the case of In re Cunningham’s Estate, Fla.App.1958, 104 So.2d 748, which the majority found controlling, nor is it properly based upon In re Williamson’s Estate, Fla.1957, 95 So.2d 244, 65 A.L.R.2d 1195.

As set forth in the statement of the facts on this appeal, we have here for review a final judgment of the Civil Court of Record. In the Cunningham case we reviewed and reversed an order of the county judge which denied appellant’s motion to strike a claim. In the Williamson case, the Supreme Court…