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O'HEY v. VAN DORN

No. 89-1049.

562 So.2d 405 (1990)

William O'HEY, As Curator of the Estate of Gertrude Fries, Appellant, v. James VAN DORN and Vivian Spambauer, a/K/a Vivian Van Dorn, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

June 6, 1990.

Attorney(s) appearing for the Case

James S. Telepman of Murphy, Reid, Pilotte & Ross, P.A., Palm Beach, for appellant.

Charles Wender of Smith, Smith & Wender, P.A., Boca Raton, for appellees.

POLEN, Judge.

This case involves the curator for the estate of Fries bringing suit to marshal the assets of the deceased on grounds of undue influence, fraudulent inducement and breach of contract. The jury returned a verdict finding undue influence and breach of contract but failed to find fraudulent inducement. Based on its finding of inconsistency in the verdict, the trial court sua sponte ordered a new trial on both...

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