DOBBS v. DOBLITZ

No. 81-1922.

425 So.2d 1207 (1983)

Sidney DOBBS, Appellant, v. Augusta Marie DOBLITZ, Individually and As Personal Representative, and Mark Davis, Appellees.

District Court of Appeal of Florida, Fourth District.

February 2, 1983.


Attorney(s) appearing for the Case

Richard A. Goetz of Hodgson, Russ, Andrews, Woods & Goodyear, Fort Lauderdale, for appellant.

Michael Paul Shienvold of Zwick & Shienvold, Hollywood, for appellees.


PER CURIAM.

The trial court granted summary judgment in a will contest which involved allegations of undue influence and lack of testamentary capacity. Without detailing all of the conflicting evidence, it suffices to say that the summary judgment was improper. "It is axiomatic that summary judgment may not be used as a substitute for trial and that if the pleadings, depositions, answers to interrogatories, admissions, affidavits and other evidence in the file raise...

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