Florida District Courts of Appeal, 1983

Alvin v. Berry

Alvin v. Berry
Florida District Courts of Appeal · Decided September 20, 1983 · Baskin, Genson, Jor, Nesbitt
438 So. 2d 898; 1983 Fla. App. LEXIS 24481 (Southern Reporter, Second Series)

Alvin v. Berry

Opinion of the Court

PER CURIAM.

The record reflects that the evidence presented by appellant is incompetent to raise a genuine issue of material fact on the question of the order of decedents’ deaths. We find, therefore, that under the facts appearing without controversy, appellant cannot prevail and that the trial court properly entered summary judgment in favor of appellee. See Mejiah v. Rodriguez, 342 So.2d 1066 (Fla. 3d DCA 1977); Megdell v. Wieder, 327 So.2d 781 (Fla. 3d DCA), cert. denied 341 So.2d 1087 (Fla. 1976). Affirmed.

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