JEWISH V. BREITNER

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2003 JEWISH HOME AND AGING SERVICES, Appellant, vs. ** ** ** ** PAUL BREITNER and WAYNE A. CYPEN, as Co-Personal ** Representatives of the Estate of Josephine Wolf, ** Appellees. CASE NOS. 3D03-305 & 3D02-3178 LOWER TRIBUNAL NO. 99-3150 ** Opinion filed October 8, 2003. An Appeal from the Circuit Court for Miami-Dade County, Arthur Rothenberg, Judge. Hall, David and Joseph, Andrew C. Hall and Adam S. Hall, for appellant. Bales & Sommers; Podhurst Orseck and Joel D. Eaton, for appellees. Before SCHWARTZ, C.J., and LEVY and GODERICH, JJ. 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, 382 So. 2d 1197, 1203 (Fla. 1980). Accordingly, we affirm. 2

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