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SMITH v. SILBERMAN

No. 91-986.

586 So.2d 467 (1991)

Harry B. SMITH and Robert Levy, Etc., Appellants, v. Phyllis SILBERMAN, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 25, 1991.

Attorney(s) appearing for the Case

Ruden, Barnett, McClosky, Smith, Schuster & Russell and Woodrow "Mac" Melvin, Jr., Kenneth S. Klein, and Craig T. Galle, Miami, for appellants.

Bruce Rogow, Fort Lauderdale, for appellee.

Before NESBITT, COPE and GERSTEN, JJ.

PER CURIAM.

The decedent's estate appeals an order finding the deceased made an inter vivos gift to his wife. We reverse.

In Smith v. Silberman, 557 So.2d 78 (Fla. 3d DCA 1990), this court reversed the original judgment in this case with directions that the trial court admit the widow's previously excluded testimony regarding a dinner conversation during which her husband allegedly presented her with a gift of two...

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