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NEWMAN v. BRECHER

No. 4D03-2680.

887 So.2d 384 (2004)

Emanuel "Manny" NEWMAN and Dr. Gary Brecher, Appellants, v. Hugh BRECHER, and Anne Guttenberg, individually, jointly, severally, and as Trustee of the Rose Libson Estate, Stanley Guttenberg, and Elaine Galatta Brecher, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 10, 2004.

Attorney(s) appearing for the Case

Barry R. Cohen of Law Offices of Barry R. Cohen, North Miami, for appellants.

John J. Glenn and Gregory A. Anderson of Anderson, St. Denis & Glenn, P.A., Boca Raton, for appellees.

BRYAN, BEN L., Jr., Associate Judge.

The appellants, Emanuel "Manny" Newman and Dr. Gary Brecher, sued Hugh Brecher and Anne Guttenberg alleging that they unduly influenced their mutual aunt, Rose Libson, in the execution of a trust.

Defendants, appellees, counterclaimed, alleging abuse of process. At the close of plaintiffs' case, the court granted a motion for directed verdict finding the evidence insufficient to establish a prima facie case for undue influence...

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