Opinion
No. 87-2550.
November 8, 1988.
An Appeal from the Circuit Court for Dade County; Bernard Jaffee, Judge.
John F. Muckerman, Miami Beach, for appellant.
Blackwell, Walker, Fascell Hoehl and S. Alan Stanley, Miami, Joshua D. Bash, Hollywood, for appellees.
Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.
The judgment below, which dismissed, for lack of standing, the instant attempt of Mrs. Poyer's son and alleged potential beneficiary to set aside deeds executed by her, is affirmed. Meyer v. Fogg, 7 Fla. 292 (1857); In re Estate of Yelvington, 280 So.2d 497 (Fla. 1st DCA 1973), cert. denied, 287 So.2d 93 (Fla. 1973); Ryan v. Brennan, 1 Mass. App. Ct. 469, 301 N.E.2d 257 (1973).
We specifically note that this determination is without prejudice to any such proceeding brought by Mrs. Poyer herself, by her guardianship should she be declared incompetent, or by her estate after her death.