Lonergan v. Estate of Budahazi, No. 95-905

CourtCourt of Appeal of Florida (US)
Writing for the CourtAppeal from the Circuit Court for Hernando County, John W. Springstead; ANTOON
Citation669 So.2d 1062
Decision Date09 February 1996
Docket NumberNo. 95-905
Parties21 Fla. L. Weekly D367 Kathleen F. LONERGAN, etc., et al., Appellant, v. ESTATE OF Ethel L. BUDAHAZI, Appellee.

Page 1062

669 So.2d 1062
21 Fla. L. Weekly D367
Kathleen F. LONERGAN, etc., et al., Appellant,
v.
ESTATE OF Ethel L. BUDAHAZI, Appellee.
No. 95-905.
District Court of Appeal of Florida,
Fifth District.
Feb. 9, 1996.
Rehearing Denied March 19, 1996.

Page 1063

Appeal from the Circuit Court for Hernando County, John W. Springstead, Judge.

Mark Edward Hager of Charnock & Hager, Spring Hill, for Appellant Kathleen F. Lonergan.

David C. Sasser of Johnston & Sasser, P.A., Brooksville, for Appellant Andrew Brickwedel.

Richard G. Padgett, Spring Hill, for Appellee.

ANTOON, Judge.

This is an appeal from an order admitting a copy of Ethel Budahazi's lost will to probate. Because the legal presumption that a lost will was destroyed by the testator with the intention of revocation was sufficiently overcome by competent substantial evidence, we affirm.

Ethel Budahazi (wife) and John Budahazi (husband) were married on September 16, 1975. In 1986, after eleven years of marriage, the wife executed a will leaving her entire estate to her husband. Thereafter, the parties' relationship deteriorated and by the spring of 1992, it had become turbulent. In May, the wife obtained an injunction against domestic violence, and in June the husband filed a petition to dissolve the marriage. In July 1992, the wife executed a second will leaving her entire estate to her daughter Marilyn Wilbright. The wife also changed the title to bank accounts owned jointly with her husband to her name only. But, as the end of the summer of 1992 approached, the parties had a change of heart and by late summer they had reconciled. On August 28, the husband and wife executed a joint stipulation agreeing to dismiss the lawsuits against one another. The husband moved back into the marital residence, and the parties resumed their marital relationship. By the time the attorney who prepared the wife's second will mailed the executed original to the wife on September 14, 1992, the parties were again living together as husband and wife.

Tragedy then befell the couple. The wife died on May 7, 1993, and the husband was severely injured in an automobile accident the following July. As a result of his injuries, the husband was incapacitated and Kathleen Lonergan was appointed guardian of his person and property.

Incident to her duties as guardian, Lonergan searched the parties' home for important papers. Lonergan found the wife's 1986 will, but she was unable to locate the wife's 1992 will, the whereabouts of which is still unknown. Lonergan filed a petition for intestate administration of the wife's estate, and the wife's daughter, Wilbright, filed a counter-petition for administration requesting that a copy of the wife's July 1992 will be admitted to probate. The trial court granted Wilbright's petition and admitted the copy of the 1992 will to probate. Lonergan...

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28 practice notes
  • Mace v. M&T Bank, Case No. 2D16-3381
    • United States
    • Court of Appeal of Florida (US)
    • March 25, 2020
    ...v. State, 454 So. 2d 641, 649 n.11 (Fla. 5th DCA 1984) (Cowart, J., concurring specially)); see also Lonergan v. Estate of Budahazi, 669 So. 2d 1062, 1064 (Fla. 5th DCA 1988) (same). Applying these standards to this case, we begin by observing that it is now settled that the mere fact that ......
  • Savage v. State, No. 2D12–2269.
    • United States
    • Court of Appeal of Florida (US)
    • August 30, 2013
    ...v. State, 454 So.2d 641, 649 n. 11 (Fla. 5th DCA 1984) (Cowart, J., concurring specially); accord Lonergan v. Estate of Budahazi, 669 So.2d 1062, 1064 (Fla. 5th DCA 1996). In De Groot v. Sheffield, 95 So.2d 912, 916 (Fla.1957), the supreme court defined [120 So.3d 622]competent substantial ......
  • Schreiber v. Schreiber, Case No. 5D20-2684
    • United States
    • Court of Appeal of Florida (US)
    • December 30, 2021
    ...evidence or hypothetical possibilities) having definite probative value (that is, "tending to prove") .... Lonergan v. Est. of Budahazi, 669 So. 2d 1062, 1064 (Fla. 5th DCA 1996) (quoting Dunn v. State, 454 So. 2d 641, 649 n.11 (Fla. 5th DCA 1984) (Cowart, J., concurring specially)). Therei......
  • Schreiber v. Schreiber, 5D20-2684
    • United States
    • Court of Appeal of Florida (US)
    • December 30, 2021
    ...or hypothetical possibilities) having definite probative value (that is, "tending to prove") . . . . Lonergan v. Est of Budahazi, 669 So.2d 1062, 1064 (Fla 5th DCA 1988) (quoting Dunn v State, 454 So.2d 641, 649 n11 (Fla 5th DCA 1984) (Cowart, J, concurring specially)). Therein lies the evi......
  • Request a trial to view additional results
28 cases
  • Mace v. M&T Bank, Case No. 2D16-3381
    • United States
    • Court of Appeal of Florida (US)
    • March 25, 2020
    ...v. State, 454 So. 2d 641, 649 n.11 (Fla. 5th DCA 1984) (Cowart, J., concurring specially)); see also Lonergan v. Estate of Budahazi, 669 So. 2d 1062, 1064 (Fla. 5th DCA 1988) (same). Applying these standards to this case, we begin by observing that it is now settled that the mere fact that ......
  • Savage v. State, No. 2D12–2269.
    • United States
    • Court of Appeal of Florida (US)
    • August 30, 2013
    ...v. State, 454 So.2d 641, 649 n. 11 (Fla. 5th DCA 1984) (Cowart, J., concurring specially); accord Lonergan v. Estate of Budahazi, 669 So.2d 1062, 1064 (Fla. 5th DCA 1996). In De Groot v. Sheffield, 95 So.2d 912, 916 (Fla.1957), the supreme court defined [120 So.3d 622]competent substantial ......
  • Schreiber v. Schreiber, Case No. 5D20-2684
    • United States
    • Court of Appeal of Florida (US)
    • December 30, 2021
    ...evidence or hypothetical possibilities) having definite probative value (that is, "tending to prove") .... Lonergan v. Est. of Budahazi, 669 So. 2d 1062, 1064 (Fla. 5th DCA 1996) (quoting Dunn v. State, 454 So. 2d 641, 649 n.11 (Fla. 5th DCA 1984) (Cowart, J., concurring specially)). Therei......
  • Schreiber v. Schreiber, 5D20-2684
    • United States
    • Court of Appeal of Florida (US)
    • December 30, 2021
    ...or hypothetical possibilities) having definite probative value (that is, "tending to prove") . . . . Lonergan v. Est of Budahazi, 669 So.2d 1062, 1064 (Fla 5th DCA 1988) (quoting Dunn v State, 454 So.2d 641, 649 n11 (Fla 5th DCA 1984) (Cowart, J, concurring specially)). Therein lies the evi......
  • Request a trial to view additional results

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