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Lorenzo v. Medina

Florida District Court of Appeal
47 So. 3d 927 (Fla. 3d DCA 2010)


In her will, Cecelia Lorenzo devised one-half of her estate, which consisted of real property, to her brother, Jose Medina, and the other half to her brother-in-law, Jesus Lorenzo (plaintiff). The will further provided that in the event Jose or Jesus died before Cecelia, that person’s share would be given to his surviving spouse, Juana Medina or Maria Lorenzo, respectively. Both Jose and Juana Medina predeceased Cecelia. When Cecelia died, Jesus Lorenzo petitioned the trial court for an order that Cecelia’s entire estate should go to him, because the portion left to Jose and Juana had lapsed upon their deaths. The children of Jose and Juana, Isabel Medina and Jose Antonio Medina (the niece and nephew) (defendants), opposed Jesus’s petition, contending that the share left to their parents should be given to them, pursuant to Florida’s antilapse statute, Fla. Stat. § 732.603(1). Agreeing with the niece and nephew, the trial court ordered that they were entitled to 50 percent of Cecelia’s estate. Jesus appealed.

Rule of Law


Holding and Reasoning (Rothenberg, J.)

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