Williams v. Irick

COWART, Judge.

Appellant filed a 1977 will of a decedent and petitioned for revocation of probate of a 1975 will. Appellee, personal representative, served an affirmative defense alleging the decedent lacked testamentary capacity to execute the 1977 will. Upon motion the probate court dismissed the petition for revocation of probate on the ground that since appellant filed no reply denying the allegations in the affirmative defense those allegations were admitted under Florida Rule of Civil Procedure 1.110(e). We reverse.

A reply to an affirmative defense is unnecessary to merely deny the…