Florida District Courts of Appeal, 2005

Barnes v. Guardianship of Barnes

Barnes v. Guardianship of Barnes
Florida District Courts of Appeal · Decided April 6, 2005 · Cortinas, Fletcher, Schwartz
898 So. 2d 1185; 2005 Fla. App. LEXIS 4627; 2005 WL 767097 (Southern Reporter, Second Series)

Barnes v. Guardianship of Barnes

Opinion of the Court

PER CURIAM.

Although the Court has jurisdiction to review the probate order on appeal, see Delgado v. Estate of Garriga, 870 So.2d 912 (Fla. 3d DCA 2004), the appellant has failed to demonstrate reversible error. See Am. Red Cross v. Estate of Haynsworth, 708 So.2d 602, 606 (Fla. 3d DCA 1998)(adjudication of incompetency creates prima facie case against proponent of later-executed instrument rebuttable by sufficient showing of execution during “lucid interval”); 3 Fla. Jur.2d Appellate Review § 96 (2004)(failure to assert contention in trial court precludes consideration on appeal).

Affirmed.

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