Florida District Courts of Appeal, 1967

First National Bank of Miami v. Risolia

Florida District Courts of Appeal · Decided May 31, 1967 · No. 67-154 · Hendry, Pearson, Swann

200 So. 2d 260; 1967 Fla. App. LEXIS 4967 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

WILLIAM GUNDLACH, III v. JON ERIK GUNDLACH (Fla. Dist. Ct. App. 2022)
ALFREDO TENDLER v. KENNETH N. JOHNSON (Fla. Dist. Ct. App. 2021)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

A review of appellee’s amended petition discloses that the relief sought concerns the construction of the terms and provisions of a will. In re Rogers’ Estate, Fla.App. 1965, 180 So.2d 167; King v. Citizens & Southern Nat. Bank of Atlanta, Ga., Fla.App.1958, 103 So.2d 689. The circuit court has jurisdiction to construe the provisions of a will so long as the will has first been probated and the circuit court was the court first obtaining jurisdiction for construction. Section 732.42 Fla.Stat., F.S.A.; In re Dahl’s Estate, Fla.App.1960, 125 So.2d 332, 335.

Therefore, no error has been shown in the order of the circuit court denying appellant’s motion to dismiss appellee’s amended petition and we affirm.

Affirmed.

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