Disbro v. Boyce

PEARSON, Judge.

This interlocutory appeal presents a question which appears to be without controlling precedent in Florida. It is: Does Section 90.05 Fla.Stat., F.S.A., ordinarily referred to as the “dead man’s” statute, grant a privilege to an heir or survivor to refuse to testify as to the handling of the assets of his decedent when called as an adverse witness by the personal representative of the deceased in an action by the personal representative against the heir or survivor to recover assets of the deceased? We hold that the statute does not grant a privilege to an heir or survivor to…