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3rd DCAJanuary 29, 2025Affirmed⭐ Notable

Reeves v. Gross

Case No. 3D2023-0856

The Third DCA affirmed summary judgment rejecting a grandson's will contest based on alleged lack of testamentary capacity. Applying the post-2021 federal summary judgment standard, the court held that a retained geriatric psychiatrist's records-only affidavit opining the 100-year-old testator suffered dementia with delirium during a three-month window failed to create a genuine issue of fact, because it did not supply a fact-based chain of reasoning rebutting the record evidence of lucidity at the moment of execution.

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