PATE v. MELLEN

No. N-383.

275 So.2d 562 (1972)

Lennie Elizabeth PATE, Appellant, v. F. Churchill MELLEN, As Administrator of the Estate of Henrietta Farnham, Deceased, Appellee.

District Court of Appeal of Florida, First District.

On Rehearing April 5, 1973.


Attorney(s) appearing for the Case

Charles L. Cetti, of Phillips, Williams, McGraw & Cetti, Pensacola, for appellant.

Joe J. Harrell and Donald H. Partington, of Harrell, Wiltshire, Bozeman, Clark & Stone, Pensacola, for appellee.


JOHNSON, Judge.

In this case, the trial court in contemplation of defendant's offering standards of specimens or exemplars, predetermined that such exemplars would not be admitted unless there was a witness to the signing by Mrs. Farnham. The court also ruled that the defendant could testify that she saw Mrs. Farnham sign certain checks, but that she could not testify as to the reasons therefor.

Counsel for the defendant exhibited numerous checks to the defendant...

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