SPCA WILDLIFE CARE CENTER v. ABRAHAM

No. 4D10-1169.

75 So.3d 1271 (2011)

SPCA WILDLIFE CARE CENTER, Appellant, v. George ABRAHAM and Albert O. Cheval, Appellees.

District Court of Appeal of Florida, Fourth District.

December 14, 2011.


Attorney(s) appearing for the Case

Gregory S. Hansen and Stephen P. Heuston of Frese, Hansen, Anderson, Anderson, Heuston & Whitehead, P.A., Melbourne, for appellant.

No brief filed for appellees.


WARNER, J.

Appellant, SPCA Wildlife Care Center, timely appeals a final order determining that a residuary clause in a will was invalid. It complains that the trial court erred in sua sponte determining that the residuary clause of the will failed and that the residue of the testamentary trust would pass by intestacy instead of to a charitable organization for the benefit of animals. Because the court ruled on a matter not raised by the parties and failed to...

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