Golden & Cowan, P.A. v. Estate of Kosofsky

Summary

The Florida Third District Court of Appeal affirmed an order determining that certain property was the decedent's homestead. Although the trial court improperly admitted telephonic testimony from Israel over an objection and without an oath administrator present, the error was harmless because independent evidence supported the same result.

Holdings

1. Although Florida Rule of Judicial Administration 2.530(d)(1) permits telephonic testimony when all parties consent, the trial court improperly introduced the testimony after Golden & Cowan objected.
2. The improper admission of the telephonic testimony was harmless error because independent evidence would have led the trial court to reach the same conclusion and did not result in a miscarriage of justice.

Questions Presented

1. Whether the trial court improperly permitted telephonic testimony after Golden & Cowan objected to its admission.
2. Whether the admission of the telephonic testimony constituted reversible error when independent evidence supported the homestead determination.

Disposition

affirmed