Weaver v Hall

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2010 JACK WEAVER and PATRICIA POURAHMADI, individually and on behalf of JAMES B. CRADDOCK and HELEN FRANCES KUNZ, as beneficiary under the will of MABEL C. FREURE, dated March 1, 1996, and the first codicil thereto dated September 6, 2000, Appellants, v. CHARLES ROBERT HALL, individually and as personal representative under the will of MABEL C. FREURE, dated February 18, 2004, Appellee. No. 4D09-1741 [August 4, 2010] PER CURIAM. On the main appeal, we affirm the circuit court s final judgment, including its well-detailed findings of fact a n d conclusions of law. Competent, substantial evidence exists in the record to support the court s ultimate conclusion that appellee rebutted the presumption of undue influence. Because we affirm on the main appeal, the appellee s cross-appeal is moot. Affirmed. HAZOURI, GERBER, JJ., and KELLEY, GLENN D., Associate Judge, concur. * * * Appeal and cross-appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Dale Ross, Judge; L.T. Case No. 06590 61. Keith T. Grumer and Maidenly Macaluso of Grumer & Macaluso, P.A., Fort Lauderdale, for appellants. Harris K. Solomon and Alan L. Raines of Brinkley, Morgan, Solomon, Tatum, Stanley & Lunny, LLP, Fort Lauderdale, for appellee. Not final until disposition of timely filed motion for rehearing. 2

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