Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

SIDNEY DOBBS, APPELLANT, v. AUGUSTA MARIE DOBLITZ, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE, AND MARK DAVIS, APPELLEES.

PER CURIAM.

The trial court granted summary judgment in a will contest which involved allegations of undue influence and lack of testamentary capacity. Without detailing all of the conflicting evidence, it suffices to say that the summary judgment was improper. "It is axiomatic that summary judgment may not be used as a substitute for trial and that if the pleadings, depositions, answers to interrogatories, admissions, affidavits and other evidence in the file raise the slightest doubt upon any issue of material fact then a summary judgment may not be entered." Unijax, Inc. v. Factory Insurance Association, 328 So.2d 448, 449 (Fla. 1st DCA), cert. denied, 341 So.2d 1086 (Fla. 1976).

REVERSED and REMANDED.

GLICKSTEIN and HURLEY, JJ., and OWEN, WILLIAM C., Jr., Associate Judge, concur.

Use AI to get other relevant cases.

Comments

DOBBS v. DOBLITZ
(Feb 2, 1983)