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ALLEN v. ESTATE OF DUTTON

No. 79-1040/T4-542.

394 So.2d 132 (1980)

Carola D. ALLEN, Appellant, v. In re the ESTATE OF Ellen C. DUTTON, Deceased et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 25, 1981.

Attorney(s) appearing for the Case

Ernest J. Rice, Orlando, for appellant.

Leon H. Handley, David W. Roquemore, Jr., Francis E. Pierce, III, Orlando, and Russell Troutman, Winter Park, for appellees.

PER CURIAM.

The appellant, Carola D. Allen, the stepdaughter of Ellen C. Dutton, deceased, appeals from a final judgment denying her any relief in her suit to revoke the probate of Dutton's will because of undue influence. The trial court struck numerous paragraphs of the appellant's petition, and based the final judgment on a summary judgment and a judgment on the pleadings. We conclude this case should not have been decided by summary judgment at that stage. Accordingly...

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