ABBATE v. NOLAN

No. 2460.

228 So.2d 433 (1969)

M.C. ABBATE, Appellant, v. Irma Margaret NOLAN, As Administratrix of the Estate of Frank Nolan, Jr., Deceased, Appellee.

District Court of Appeal of Florida. Fourth District.

November 26, 1969.


Attorney(s) appearing for the Case

Larry Klein of Cone, Wagner, Nugent, Johnson, McKeown & Dell, West Palm Beach, for appellant.

F. Martin Perry of O'Connell & Cooper, West Palm Beach, for appellee.


McCAIN, Judge.

Appellant-defendant appeals entry of summary final judgment. We reverse.

Appellee, as administratrix of her husband's estate, sued appellant in fraud and deceit alleging the obtaining of monies from deceased by willful misrepresentations, to which appellant filed a general denial.

Appellee's motion for summary judgment was supported by a copy of the deceased's affidavit prepared while he was alive and filed in a different suit. Appellant...

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