JEWISH HOME AND AGING SERVICES v. BREITNER

Nos. 3D02-3178, 3D03-305.

855 So.2d 721 (2003)

JEWISH HOME AND AGING SERVICES, Appellant, v. Paul BREITNER and Wayne A. Cypen, as Co-Personal Representatives of the Estate of Josephine Wolf, Appellees.

District Court of Appeal of Florida, Third District.

October 8, 2003.


Attorney(s) appearing for the Case

Hall, David and Joseph, Andrew C. Hall and Adam S. Hall, Miami, for appellant.

Bales & Sommers; Podhurst Orseck and Joel D. Eaton, Miami, for appellees.

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


PER CURIAM.

The petitioner below, Jewish Home and Aging Services [Jewish Home], appeals from an adverse final judgment. We find that the trial court properly entered an involuntary dismissal of Jewish Home's petition for compulsory payment. Jewish Home failed to meet its burden of showing that the fiduciary, who was charged with approving the bequests as described in the will, acted arbitrarily or capriciously when he withheld approval of the bequest to Jewish Home...

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