THE PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA D/B/A JACKSON MEMORIAL HOSPITAL, INC., APPELLANT,
v.
THE ESTATE OF ERNEST O. JARA, AND DAVID M. GONSHAK, AS PERSONAL REPRESENTATIVE OF ERNEST O. JARA, DECEASED, APPELLEES
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PER CURIAM.
This appeal is brought from an order denying a motion for an extension of time to file a claim against the estate of Ernest O. Jara, deceased, pursuant to Florida’s nonclaim statutes, sections 733.212 and 733.702, Florida Statutes (1987). In both of the cases consolidated for this appeal, the court determined that (1) no good reason was shown why the claims were not filed within the three-month period provided by the statutes, and (2) notice to the appellant, by publication, of the commencement of probate proceedings was constitutionally sufficient.
The issue, as phrased by the appellant, is whether sections 733.212 and 733.702 violate the notice requirements of the due process clause of the fourteenth amendment of the United States Constitution by not requiring notice by mail to known creditors of an estate.
After the appeal was argued in this court, the United States Supreme Court decided Tulsa Professional Collection Services, Inc. v. Pope, — U.S. -, 108 S.Ct. 1340, 99 L.Ed.2d 565 (1988), which holds that where the.creditor’s identity is known, or is readily ascertainable, the due process clause of the fourteenth amendment requires that the creditor be given notice of the commencement of probate proceedings by mail or by such other means as certain to insure actual notice. This case is not factually distinguishable from Pope.
On remand the trial court should determine whether the identity of the appellant was known or readily ascertainable to the personal representative.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Rexwood S. Thames v. Jackson, 598 So. 2d 121 (Fla. 1st DCA 1992)…raud or estoppel.2 Chapter 89-340 added “insufficient notice” to those exceptions. The changes brought by Chapter 89-340, Section 5 became effective on July 5, 1989. Following Pope, the court in Public Health Trust of Dade County v. Estate of Jara, 526 So. 2d 745 (Fla. 3d DCA 1988), reversed an order denying a motion for an extension of time on the authority of sections 733.212 and 733.702, Florida Statutes (1987).3 The reviewing court found Pope factually indistinguishable and remanded the case for a determ…
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In re Est. of Norma Jean Hill v. HCA Health Servs. OF Fla., Inc., 582 So. 2d 701 (Fla. 1st DCA 1991)…ch the statute required denied due process to known creditors. Section 733.702, Florida Statutes, is thus invalid as a basis for terminating the claim of a known creditor. Pope has been applied to pending cases in Florida. See, e.g., Estate of Jara, 526 So. 2d 745 (Fla. 2d DCA 1988); and see Estate of Kopely, 159 Ariz. 391, 767 P. 2d 1181, 1183 and n. 3 (Ct.App.1989). On September 1,1988, decedent Hill died. First publication of notice to creditors was September 28, 1988. The three-month non-claim period exp…1 / 2
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Jones v. SUN Bank/Miami, N.A., 609 So. 2d 98 (Fla. 3d DCA 1992)…DCA 1991). There was no abuse of discretion in the trial court finding that the claimant was not a “known or reasonably ascertainable creditor”. In re Estate of Vickery, 564 So. 2d 555, 558 (Fla. 4th DCA 1990); Public Health Trust v. Estate of Jara, 526 So. 2d 745 (Fla. 3d DCA 1988); North Shore Medical Ctr., Inc. v. Szilvassy, 526 So. 2d 744 (Fla. 3d DCA 1988). Finally, the Pollution Control Act was never pled, and therefore, was not applicable. Even if the Act was applicable, however, it has no specific lim…
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- Tulsa Prof'l Collection Servs., Inc. v. Pope, 485 U.S. 478 (U.S. 1988)