ALVIN v. BERRY

No. 83-350.

438 So.2d 898 (1983)

William ALVIN, As Personal Representative of the Estate of Frederick Scheske, Deceased, Appellant, v. Mike BERRY, As Personal Representative of the Estate of Michele R. Anguilano, Deceased, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 31, 1983.


Attorney(s) appearing for the Case

Adams, Ward, Hunter, Angones & Adams and Steven Hunter, Miami, for appellant.

Hoffman & Hertzig and David Hertzig, Coral Gables, for appellee.

Before NESBITT, BASKIN and JORGENSON, JJ.


PER CURIAM.

The record reflects that the evidence presented by appellant is incompetent to raise a genuine issue of material fact on the question of the order of decedents' deaths. We find, therefore, that under the facts appearing without controversy, appellant cannot prevail and that the trial court properly entered summary judgment in favor of appellee. See Mejiah v. Rodriguez, 342 So.2d 1066 (Fla. 3d DCA 1977); Megdell...

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