Florida District Courts of Appeal, 2003

Jewish Home & Aging Services v. Breitner

Jewish Home & Aging Services v. Breitner
Florida District Courts of Appeal · Decided October 8, 2003 · Goderich, Levy, Schwartz
855 So. 2d 721; 2003 Fla. App. LEXIS 15090; 2003 WL 22299003 (Southern Reporter, Second Series)

Jewish Home & Aging Services v. Breitner

Opinion of the Court

PER CURIAM.

The petitioner below, Jewish Home and Aging Services [Jewish Home], appeals from an adverse final judgment. We find that the trial court properly entered an involuntary dismissal of Jewish Home’s petition for compulsory payment. Jewish Home failed to meet its burden of showing that the fiduciary, who was charged with approving the bequests as described in the will, acted arbitrarily or capriciously when he withheld approval of the bequest to Jewish Home. See Canakaris v. Canakaris, 882 So.2d 1197, 1208 (Fla. 1980).

Accordingly, we affirm.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.