MILLER v. HAYMAN

Nos. 4D99-0690, 4D99-1832.

766 So.2d 1116 (2000)

Helene K. MILLER, Appellant, v. Phyllis HAYMAN, Dayle Hayman Fierro and Eugene J. Fierro, Appellees.

District Court of Appeal of Florida, Fourth District.

August 16, 2000.


Attorney(s) appearing for the Case

William Berger, Edmund O. Loos, III, and Sally Seltzer of Greenspoon, Marder, Hirschfeld, Rafkin, Ross & Berger, P.A., Fort Lauderdale, for appellant.

Jeffrey Gilbert of Greenberg, Traurig, P.A., Fort Lauderdale, and Elliot H. Scherker and Elliot B. Kula of Greenberg, Traurig, P.A., Miami, for Appellee-Eugene J. Fierro.

Peter J. Forman of Tescher, Chaves, Rubin & Muller, P.A., Boca Raton, for Appellee-Dayle Hayman Fierro.

Peter R. Kolker of Zuckerman, Spaeder, Goldstein, Taylor & Kolker, L.L.P.,Washington, D.C., for Appellee-Phyllis Hayman.


KLEIN, J.

We withdraw our previous opinion which was filed on June 28, 2000 and substitute the following, which differs from the original opinion only in that there has been a change in the last sentence of the first paragraph.

Appellant did not prevail in her action to set aside her mother's will on the ground of lack of testamentary capacity and undue influence. Because she rejected an offer of judgment in the amount of $100,000, the trial court assessed...

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