240 So. 2d 656 | Fla. Dist. Ct. App. | 1970
Lead Opinion
The appellants are the three natural children of Merry A. Freeman, deceased. Their appeal concerns an order which denied their petition to revoke her last will and testament.
By permitting the attorney to testify under these circumstances and over proper objection, we believe the trial judge erred. See Millican v. Hunter, Fla.1954, 73 So.2d 58; Dudley v. Wilson, Fla.1943, 152 Fla. 752, 13 So.2d 145; Hubbard v. Hubbard, Fla.App.1970, 233 So.2d 150; 35 Fla. Jur. Witnesses § 72; and Code of Ethics, Rule B, § 19, 32 F.S.A.
We must reverse and remand the case for a new trial. We do not, therefore, consider the other points which have been assigned as error.
Reversed and remanded for new trial.
Rehearing
ON REHEARING
PER CURIAM.
The appellees in their petition for rehearing point out that the appellants did not argue, in their brief, any assignments of error directed to the judgment of the trial court which denied the petition to set aside certain real property as the homestead of Merry A. Freeman.
Their position appears to be correct and that judgment should have been and is hereby affirmed. See Saxton v. Miller, Fla.App.1970, 230 So.2d 685.