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300 So. 2d 758

Docket No. U-264.

Jones v. Dove

Lula Mae JONES, In re Estate of L.E. Dove, Deceased, Appellant, v. W.O. DOVE, Appellee.

District Court of Appeal of Florida

Decided August 13, 1974.

Rehearing Denied October 3, 1974.

District Court of Appeal of Florida · decided 1974-08-13

Cited by 5 later decisions — most recently March 1996

5 state decisions

Key passage — most relied on by later courts

“"* * * Our reading of the record reveals that although it appears that the trial judge did indeed apply an erroneous rule of law, he nevertheless arrived at a correct conclusion and judgment. The law is so well settled as to require no citation of authority to the effect that a correct result or judgment, though based on an erroneous reason or rule, requires affirmance on appeal. In other words, it is the final conclusion or judgment which counts and not the reasons therefor." ( 300 So.2d at page 758 )”

quoted by 1 later decision, including 312 So. 2d 804 - McKennon v. McKennon

Relies on In Re Estate of Carpenter · In Re: Estate of Aldrich Withington v. Acton

Good law ✅— No negative treatment on recordhow we know

Decided 1974-08-13

View the full empirical analysis of this case →

¶1Roderic G. Magie, of Levin, Warfield, Graff, Mabie & Rosenbloum, Pensacola, for appellant.

¶2Paul L. Cummings, Pensacola, for appellee.

¶3PER CURIAM.

¶4Affirmed.

¶5RAWLS, C.J., and BOYER and McCORD, JJ., concur.

¶6PER CURIAM.

¶7

ON REHEARING DENIED.

¶8This case arises from a proceeding contesting a will. In her Petition for Rehearing appellant urges that the trial judge followed the rule announced in the case of In Re Aldrich's Estate, 1941, 148 Fla. 121, 3 So.2d 856 instead of the subsequent reversing case, In re Estate of Carpenter, Sup. Ct.Fla. 1971, 253 So.2d 697. Accordingly, appellant urges in her petition that this Court erred in affirmance. Our reading of the record reveals that although it appears that the trial judge did indeed apply an erroneous rule of law, he nevertheless arrived at a correct conclusion and judgment. The law is so well settled as to require no citation of authority to the effect that a correct result or judgment, though based on an erroneous reason or rule, requires affirmance on appeal. In other *759 words, it is the final conclusion or judgment which counts and not the reasons therefor.

¶9The Petition for Rehearing is therefore denied.

¶10RAWLS, C.J., and BOYER and McCORD, JJ., concur.

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