JERVIS v. TUCKER

No. 4D10-392.

82 So.3d 126 (2012)

Donald JERVIS, Appellant, v. Joan M. TUCKER, Larry Thomas Tucker, Susan Joan Burrell a/k/a Susan Joan Burrell Moss and Sandra Lynn Gigler, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 30, 2012.


Attorney(s) appearing for the Case

Terrence P. O'Connor of Morgan, Carratt and O'Connor, P.A., Fort Lauderdale, for appellant.

Mark R. Manceri of Mark R. Manceri, P.A., Fort Lauderdale, for appellees.


POLEN, J.

Appellant, Donald Jervis, beneficiary of Bernice J. Meikle's trust and limited guardian to Meikle, timely appeals the trial court's order granting summary judgment and determining that Meikle's second amendment of her trust was invalid, where testamentary capacity was at issue. The court stayed within the four corners of the trust and determined that no genuine issues of material fact existed as to whether Meikle lacked the requisite capacity. We agree and...

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