J.E.W. v. ESTATE OF DOE

No. AS-66.

443 So.2d 249 (1983)

J.E.W., Appellant/Plaintiff, v. ESTATE OF John DOE, Appellee/Defendant.

District Court of Appeal of Florida, First District.

Rehearing Denied January 17, 1984.


Attorney(s) appearing for the Case

John A. Barley, Tallahassee, for appellant/plaintiff.

Claire A. Duchemin, Roy C. Young and David G. Budd, of Young, van Assenderp, Varnadoe & Benton, Tallahassee, for appellee/defendant.


SHIVERS, Judge.

Action was brought pursuant to Florida Statutes Chapters 742, 732 and 86 against the Estate of John Doe by J.E.W.'s mother, as guardian and next friend of her minor child. A fair reading of the complaint indicates that it sought a declaration that J.E.W. is a pretermitted child entitled to a share equal to that which he would have received if John Doe had died intestate. The trial court dismissed appellant/plaintiff's complaint upon defendant's motion...

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