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HEMKER v. ABDUL

No. 97-04907.

716 So.2d 817 (1998)

Judith L. HEMKER, Appellant, v. Beldene C. ABDUL, as Personal Representative of the Estate of Michael Evanco, and Annette Kits, Appellees.

District Court of Appeal of Florida, Second District.

August 14, 1998.

Attorney(s) appearing for the Case

John A. Yanchek of John A. Yanchek, P.A., Sarasota, for Appellant.

Timothy M. Doud of the Law Offices of Timothy M. Doud, Largo, for Appellees.

PARKER, Chief Judge.

Judith L. Hemker appeals the final summary judgment entered in favor of Beldene C. Abdul, personal representative of the estate of Michael Evanco, in this probate case wherein Hemker sought to revoke Michael Evanco's will. We reverse because there are genuine issues of material fact regarding Evanco's testamentary capacity and undue influence which preclude summary judgment.

Hemker is Evanco's daughter, and Abdul is Evanco's stepdaughter...

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