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DIVELLA v. DIVELLA

No. 93-594.

626 So.2d 1113 (1993)

Robert DIVELLA, as Personal Representative of the Estate of Jennie Divella, Appellant/Cross-Appellee, v. Roger DIVELLA and Diana Hoffman, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Third District.

November 23, 1993.

Attorney(s) appearing for the Case

Bedzow, Korn, Kan & Glaser and Richard Charles Wolfe, Aventura, for appellant/crossappellee.

Bruce M. Boiko, Coral Gables, for appellees/cross-appellants.

Before SCHWARTZ, C.J., and NESBITT and GODERICH, JJ.

PER CURIAM.

The appellees, Roger Divella and Diana Hoffman, failed to overcome the presumption of undue influence. See In re Estate of Carpenter, 253 So.2d 697 (Fla. 1971). As a result, the account transfer which was procured by the appellees is null and void. Gorman v. Harrison, 559 So.2d 643 (Fla. 3d DCA 1990).

The trial court correctly ordered each party to pay their own...

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