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Capo v. Estate of Borges
Citations: 560 So. 2d 254; 1990 Fla. App. LEXIS 1819; 1990 WL 29488Docket: No. 89-302
Court: District Court of Appeal of Florida; March 19, 1990; Florida; State Appellate Court
An order was issued determining heirs following a motion for determination and approval of settlement. The trial court found that the marriage between Jose Capo and Gladys Borges, which occurred on March 7, 1987, was null and void from the outset. This conclusion was based on the fact that Gladys Borges was still legally married to Eric Borges at that time, having only obtained a divorce on March 24, 1988, and did not remarry Jose Capo prior to her death on July 22, 1988. As a result, Jose Capo was ruled not to be the surviving legal spouse of Gladys Borges, disqualifying him from claiming distribution under Florida's intestate laws or damages under the Florida Wrongful Death Statute. The court further determined that the Co-Personal Representatives of Gladys Borges's estate should not make any claims on behalf of Jose Capo regarding damages as her surviving spouse. The ruling was supported by precedents indicating a lack of reasonable probability that Gladys Borges had secured a divorce before marrying Jose Capo. Additionally, the court found no basis for Jose Capo's assertion of being an "innocent spouse." Testimony revealed that he knew of Gladys Borges's previous marriage, despite the marriage license incorrectly stating otherwise. This inconsistency, along with the fact that Jose Capo's mother was a witness in Gladys Borges's divorce, suggested that he had sufficient awareness of the circumstances to negate any claim of innocence regarding the validity of their marriage. The order was affirmed, with Judge Nesbitt concurring.