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ZELLER v. ZELNICK

No. 84-2343.

476 So.2d 299 (1985)

Mark Friedman ZELLER, Myra Zeller, Laura Zeller and Mrs. Sally O'Shaughnessy, Appellants, v. Marilyn ZELNICK, Etc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

October 9, 1985.

Attorney(s) appearing for the Case

H. Laurence Cooper, Jr., Palm Beach and Larry Klein and Jane Kreusler-Walsh of Klein & Beranek, P.A., West Palm Beach, for appellants.

D. Culver Smith, III and Thomas M. Karr of Steel, Hector, Davis, Burns & Middleton, Palm Beach, for appellees.

PER CURIAM.

We find no error in the trial court's conclusion that the evidence in this case was insufficient to raise a presumption of undue influence. In re Estate of Carpenter, 253 So.2d 697 (Fla. 1971). We further find the inconsistent statement of the trial court that the evidence was sufficient to require respondents to come forward with a reasonable explanation insufficient to preclude affirmance. If the proponent was...

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