CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2001 WL 1230260
...construction beyond giving effect to the plain meaning of the statutory words. Aetna Casualty & Surety Co. v. Huntington Nat'l Bank,
609 So.2d 1315, 1317 (Fla. 1992); Holly v. Auld,
450 So.2d 217, 219 (Fla.1984). Applying that standard here, we find section
732.106(2) to be clear and unambiguous....
0 red1 yellow1 green1 procedural
Cited "but see"Wing (2013)phrase: "but see"
Review deniedCuevas (2004)phrase: "review denied"
CopyCited 1 times | Published | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 20129, 2005 WL 2210651
...eritance law in effect at the time of the insured's death was later declared unconstitutional, we will apply the State law which superseded the unconstitutional law. [8] This case does not involve an "afterborn heir" within the meaning of Fla. Stat. § 732.106....
CopyPublished | Court of Appeals for the Eleventh Circuit
...ational level down
the applicable individual’s descending line and includes children,
grandchildren, and more remote descendants.” Florida’s probate
code also contains a section titled, “Afterborn heirs.” Fla. Stat.
§ 732.106....
...This section states that afterborn heirs are “[h]eirs of the
decedent conceived before his or her death, but born thereafter,”
and “inherit intestate property as if they had been born in the dece-
dent’s lifetime.” Id. (emphasis added). As the parties agree, section
732.106 does not apply to P.S.S....
..., providing no right to
inherit the decedent’s property intestate. Indeed, the provision of
Florida’s probate code concerning afterborn heirs only addresses
children conceived before the decedent’s death. See Fla. Stat.
§ 732.106....
...An-
other provision, Florida Statute §
732.108(2), applies to “persons born out of
wedlock,” but it is unclear to us if any of the requirements within this statute
apply to posthumously conceived children, especially because Florida Statute
§
732.106 specifically defines “afterborn heirs” (and excludes posthumously
conceived children from that definition).
USCA11 Case: 20-11656 Date Filed: 10/12/2022 Page: 13 of 14 RESTRICTED
20-11656...
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CopyPublished | Supreme Court of Florida
...Steele’s will, refers most
naturally to children born after his will was drafted but conceived
before his death, i.e., when the dispositional portions of the will
-9-
create vested rights. See §
732.514, Fla. Stat. (2019); see also
§
732.106, Fla....
