Florida District Courts of Appeal, 1967

First National Bank of Miami v. Risolia

First National Bank of Miami v. Risolia
Florida District Courts of Appeal · Decided May 31, 1967 · Hendry, Pearson, Swann
200 So. 2d 260; 1967 Fla. App. LEXIS 4967 (Southern Reporter, Second Series)

First National Bank of Miami v. Risolia

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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