Statute Of Non-Claim

174 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• A. R. Douglass, Inc. v. McRainey
  102 Fla. 1141· Fla.· 1931-10-08 ·cited 414×
  This case addresses whether filing a lawsuit within the statutory claim period for an estate, but without swearing to and presenting the claim to the county judge, is sufficient to avoid the statute of nonclaim. The court held that it is not, and the claim is barred.
• Davis v. Evans
  132 So. 2d 476· Fla. 1st DCA· 1961-06-27 ·cited 86×
  A negligence action against a deceased defendant was filed under an incorrect name. The defendant died after service but before the plaintiff learned of his death, and the executor delayed reporting the death until after the statutory claims deadline expired. The court held the e
• David R. MAY Ad Litem of the Estate of Oscar T. Bradley v. Ill. Nat'l Ins. Co.
  771 So. 2d 1143· Fla.· 2000-11-16 ·cited 78×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding whether sections 733.702 and 733.710 of the Florida Probate Code operate as statutes of nonclaim or limitations. The Court held that section 733.702 is a statute of limitations that bars u
• Sanderson's Administrators v. Sanderson
  17 Fla. 820· Fla.· 1880-06-01 ·cited 62×
  This case involves a suit by Marion H. Sanderson, widow and heir of intestate John P. Sanderson, and her infant daughter against the administrators of the estate for mismanagement and accounting. The Florida Supreme Court addressed complex issues of estate administration, partner
• Eaton v. Hopkins
  71 Fla. 615· Fla.· 1916-05-18 ·cited 56×
  Administrators of William M. Girardeau's estate appealed a judgment for breach of warranty deed covenant brought by prior grantees who lost their interest when Girardeau conveyed the same land to a bona fide purchaser. The Florida Supreme Court reversed, holding that plaintiffs c
• Spohr v. Berryman
  589 So. 2d 225· Fla.· 1991-09-26 ·cited 51×
  The Florida Supreme Court held that claims against a decedent's estate based on a marital settlement agreement requiring the decedent to devise at least half his estate to his ex-wife and children must be filed as formal claims under the nonclaim statute within three months of ad
• In re Est. of Daniel Emmitt Brown v. Robinson
  117 So. 2d 478· Fla.· 1960-01-27 ·cited 51×
  The court held that Section 733.211, Florida Statutes, is a valid and constitutional enactment, and the lower court correctly applied it to bar the appellant's claim.
• Brooks v. The Fed. Land Bank of Columbia
  106 Fla. 412· Fla.· 1932-08-09 ·cited 51×
  The Florida Supreme Court held that the Federal Land Bank of Columbia, a federally-chartered corporation, is bound by Florida's statute of non-claims and cannot enforce a mortgage against an estate when the bank failed to present its claim to the administrator within the required
• Bush v. Adams
  22 Fla. 177· Fla.· 1886-01-01 ·cited 46×
  The Florida Supreme Court affirmed the lower court's overruling of exceptions to an answer in a mortgage foreclosure case, establishing that the statute of non-claim applies to mortgage claims against a decedent's estate and that mere pendency of a suit against the testator does
• Norris F. Baskin and Ola G. Baskin v. Griffith
  127 So. 2d 467· Fla. 1st DCA· 1961-02-21 ·cited 44×
  The plaintiffs claimed a beneficial interest in proceeds from a 1940 sale of land based on a 1925 declaration of trust executed by Dr. Baskin, but delayed filing suit until 1957—fifteen years after the defendants allegedly rejected their claim in 1942. The court reversed the summ
• In re the Est. of Ollie M. Woods
  133 Fla. 730· Fla.· 1938-08-01 ·cited 44×
  D.E. Richards appealed the dismissal of his claim against the Estate of Ollie M. Woods, arguing that Florida's 1933 Probate Act unconstitutionally shortened the time for filing claims against estates from twelve months to eight months. The Florida Supreme Court affirmed the dismi
• Egbert C. Sammis v. James
  31 Fla. 10· Fla.· 1893-01-01 ·cited 44×
  This case involves enforcement of a New York judgment in Florida against an estate administrator. The Florida Supreme Court affirmed judgment for the plaintiff, establishing that foreign judgments are enforceable in sister states when the original court had jurisdiction of the de
• State Ex rel. Victor Chem. Works v. GAY
  74 So. 2d 560· Fla.· 1954-07-16 ·cited 43×
  The right to a tax refund under F.S. Section 215.26 accrues when taxes are paid, not when a court declares the underlying tax statute unconstitutional. A claim for refund filed more than one year after payment is barred by the statute of non-claim, regardless of whether the tax w
• Hodges v. Logan
  82 So. 2d 885· Fla.· 1955-09-28 ·cited 41×
  The Florida Supreme Court held that a beneficiary of a resulting trust need not file a claim against a trustee's estate under the statute of non-claim to enforce her equitable rights in specific trust property. The court reversed the dismissal of Bertha Hodges' action to establis
• Fed. Land Bank of Columbia v. Brooks
  139 Fla. 506· Fla.· 1939-07-27 ·cited 40×
  The Florida Supreme Court held that a mortgagee whose mortgage lien was barred by the statute of nonclaim may still be subrogated to the state's tax lien for taxes paid in good faith to protect the mortgaged property from tax sale. The Court reversed the lower court's dismissal a
• Ramseyer v. Datson
  120 Fla. 414· Fla.· 1935-07-08 ·cited 38×
  A creditor's claim against a deceased testator's estate was presented to the executors within the statutory period but not formally filed with the County Judge until after the one-year deadline. The Florida Supreme Court held that actual presentation to and acknowledgment by exec
• Smith v. Feschheimer
  124 Fla. 757· Fla.· 1936-06-30 ·cited 37×
  The Florida Supreme Court upheld a statute of nonclaims bar against an assessment claim on bank stock owed by a deceased stockholder's estate, holding that statutory assessment liabilities are subject to Florida's requirement that claims be formally presented to the county judge
• In re Est. of Charles Colley Kemp
  177 So. 2d 757· Fla. 1st DCA· 1965-08-05 ·cited 35×
  An administrator of an estate seeks extension of time to file suit on a wrongful death claim against another estate after missing a statutory two-month deadline. The Florida appellate court affirmed the denial of the extension, holding that settlement negotiations with the defend
• Sewell v. Sewell Props., Inc.
  159 Fla. 570· Fla.· 1947-06-27 ·cited 35×
  Dora Sewell appealed the dismissal of her bill of complaint seeking to recover trust property held by her uncle E. G. Sewell as executor and trustee of her father Herbert Sewell's estate. The Florida Supreme Court reversed, holding that the allegations sufficiently stated grounds
• North v. Leome Culmer
  193 So. 2d 701· Fla. 4th DCA· 1967-01-05 ·cited 34×
  Three consolidated appeals challenging a summary judgment that barred negligence claims against a deceased's estate for non-compliance with Florida's statutory claims procedure. The court held that an insurance company's extended settlement negotiations can create an equitable es
• Webb v. Hillsborough Cnty.
  128 Fla. 471· Fla.· 1935-09-30 ·cited 34×
  Cone Brothers contracted with Hillsborough County to improve a public road and received certificates of indebtedness as payment. When the statutory authority (Chapter 9316, Acts of 1923) for the certificates was declared invalid, the certificates became unenforceable, but the Flo
• Ellison v. Allen
  8 Fla. 206· Fla.· 1858-01-01 ·cited 33×
  This case concerns the statute of non-claim for estate claims and whether ordering writs of scire facias to bring an estate administrator as a defendant constitutes sufficient presentation of a claim to toll the two-year bar period. The court held that the two-year limitation per
• Markham v. Moriarty
  575 So. 2d 1307· Fla. 4th DCA· 1991-02-06 ·cited 32×
  The appellate court granted a writ of prohibition, finding that the lower court lacked jurisdiction to hear a property tax assessment challenge. The challenge was filed outside the statutory 60-day window, which the court deemed a jurisdictional requirement.
• Helene A. Steigman v. Danese
  502 So. 2d 463· Fla. 1st DCA· 1987-01-13 ·cited 31×
  Steigman and Droze appealed dismissal of their fourth amended complaint against their deceased brother's estate and heirs, seeking cancellation of deeds to real property allegedly obtained through fraud and undue influence. The court held that Counts I, III, and IV stated suffici
• Goggin v. Shanley
  81 So. 2d 728· Fla.· 1955-07-22 ·cited 31×
  A probate court is without power to reject a creditor's claim or determine disputed questions of fact affecting its validity when the personal representatives fail to file timely objections; the claim must be paid unless the creditor fails to sue within the statutory period after
• Fillyau v. Laverty
  3 Fla. 72· Fla.· 1850-01-01 ·cited 31×
  The Florida Supreme Court held that a creditor of a partnership may proceed directly in equity against the estate of a deceased partner without first exhausting remedies against the surviving partner, and that such claims must be presented within the statutory two-year period or
• Miller v. Nolte
  453 So. 2d 397· Fla.· 1984-07-12 ·cited 29×
  The Florida Supreme Court held that the 60-day statute of limitations in section 194.171(2) for contesting property tax assessments is a statute of limitations (not a non-claim statute), and that taxpayers are estopped from this time bar when the Property Appraisal Adjustment Boa
• Tsuji v. Fleet
  366 So. 3d 1020· Fla.· 2023-06-29 ·cited 26×
  Section 733.710(1) bars claims filed more than two years after a decedent's death against the decedent's estate and personal representative, regardless of whether the plaintiff seeks recovery only from casualty insurance. The term "liable" in section 733.710(1) means legally resp
• Cooey v. Cooey
  132 Fla. 716· Fla.· 1938-06-09 ·cited 26×
  Julia Lee Cooey sought recovery of a $2,000 note that her deceased father, W. M. Cooey, had allegedly gifted to her but retained in his possession. The administrators of the estate claimed the non-claim statute barred her claim. The Florida Supreme Court affirmed that the statute
• Khilena Adhin v. First Horizon Home Loans
  44 So. 3d 1245· Fla. 5th DCA· 2010-10-01 ·cited 25×
  Appellants who purchased homes built on mortgaged property challenged their exclusion from foreclosure proceedings based on a 20-day intervention deadline in Florida's lis pendens statute. The court held that section 48.23(1)(b) is a substantive nonclaim statute that does not vio
• Walker v. Garrison
  610 So. 2d 716· Fla. 4th DCA· 1992-12-23 ·cited 25×
  The Florida Fourth District Court of Appeal granted a writ of prohibition against a circuit court judge who lacked subject matter jurisdiction over a property tax assessment challenge filed outside the statutory 60-day period. The court held that the 60-day filing deadline under
• Marton B. Grossman and Leopold Cohen v. Selewacz
  417 So. 2d 728· Fla. 4th DCA· 1982-07-14 ·cited 25×
  The court held that an option to purchase stock does not grant equitable title, and thus a claim based on such an option is subject to the statute of non-claim and must be filed with the estate.
• McKendree Tucker v. First Nat'l Bank of Lakeland
  98 Fla. 914· Fla.· 1929-11-18 ·cited 25×
  The Florida Supreme Court held that payment of interest on a mortgage by an executor during the statutory creditor claim period constitutes a waiver of the formal presentation requirement, preserving the mortgagee's lien despite failure to file a proof of claim within twelve mont
• Tyler v. Huggins
  175 So. 2d 239· Fla. 2d DCA· 1965-04-28 ·cited 23×
  Tyler, as administrator of Ann H. Tyler's estate, appeals an order setting aside his letters of administration for failure to designate a resident agent as required by Florida law. The court dismisses the appeal on the ground that the order is not final and appealable.
• Buck v. McNAB
  139 So. 2d 734· Fla. 2d DCA· 1962-03-21 ·cited 23×
  Walter Buck purchased two vacant lots from William H. McNab, Sr. under a written contract in 1955, but McNab died before closing. The executor, McNab Jr., initially cooperated but later refused to convey the property, claiming the lots actually belonged to McNab Sr.'s minor grand
• Denco, Inc. v. Belk
  97 So. 2d 261· Fla.· 1957-05-14 ·cited 22×
  A lessee sought to enforce an option to purchase leased property when the lessor's estate sold the land to a third party without offering the lessee the statutory opportunity to match the sale price. The Florida Supreme Court held that the purchaser, having actual notice of the l
• Agency FOR Health Care Admin. v. In re Est. OF Kevin Johnson
  743 So. 2d 83· Fla. 3d DCA· 1999-09-08 ·cited 21×
  The Florida District Court of Appeal reversed a probate court's order that had barred the Agency for Health Care Administration's (AHCA) Medicaid lien against an estate for failure to timely file a creditor's claim under probate law. The court held that AHCA's verified lien claim
• Amos v. Campbell
  9 Fla. 187· Fla.· 1860-01-01 ·cited 21×
  Lawrence Amos, administrator of Elijah Gaylor's estate, appealed a decree ordering an accounting of Gaylor's administration of Charles Campbell's estate, seeking to bar the distributee's claim under statutes of limitations, staleness, and non-claim. The Florida Supreme Court held
• Courtright v. Tunnicliffe
  104 Fla. 720· Fla.· 1932-04-14 ·cited 20×
  The Florida Supreme Court affirmed the dismissal of a bill of complaint by bank depositors seeking to amend their filed common creditor claim to assert a preference claim for special deposit funds after the statutory period for filing claims had expired. The Court held that amend
• Twomey v. Clausohm
  234 So. 2d 338· Fla.· 1970-04-22 ·cited 18×
  The Florida Supreme Court held that an administratrix cannot pay claims presented by creditors unless those claims are formally filed in the probate court within the statutory period, and cannot credit such payments in her final accounting. The decision resolved a conflict among
• Magee v. City OF Jacksonville
  87 So. 2d 589· Fla.· 1956-05-18 ·cited 18×
  Appellant Magee sought damages for injuries from a defective sidewalk in Jacksonville and appealed a summary judgment in favor of the city based on alleged insufficient notice of injury. The Florida Supreme Court reversed, holding that the notice provided was sufficiently specifi
• In re Est. OF Christa Belle Parson. James N. Davis Funeral Home, Inc. v. McCLENDON
  570 So. 2d 1125· Fla. 1st DCA· 1990-12-10 ·cited 17×
  The court held that the funeral home's claim against the estate was untimely and barred because it was not filed within the statutory period, and the personal representative's objection was not required to be disallowed.
• Fisher v. Creamer
  332 So. 2d 50· Fla. 3d DCA· 1976-01-20 ·cited 17×
  Claims to enforce a resulting or constructive trust in specific identifiable property are not barred by Florida's non-claim statute or three-year limitation on unadministered estates, as such trusts are property outside the estate and their enforcement is governed by the equitabl
• Martz v. Riskamm
  144 So. 2d 83· Fla. 1st DCA· 1962-07-10 ·cited 17×
  This case addresses the validity of a 1945 divorce decree procured through fraud and the dower rights of the first wife. The court set aside the divorce decree, recognized the first wife as the lawful widow, and awarded her dower in real property held by the fraudulently divorced
• Rexwood S. Thames v. Jackson
  598 So. 2d 121· Fla. 1st DCA· 1992-04-13 ·cited 16×
  Thames challenges orders striking his claim against the Jackson estate as untimely and denying his motion for extension to file the claim. The court reverses, holding that Florida's nonclaim statute violates due process under Tulsa Professional Collection Services v. Pope because
• Davis OIL Co. v. Mills
  873 F.2d 774· 5th Cir.· 1989-05-15 ·cited 16×
  The court held that a foreclosing mortgagee acting under Louisiana's foreclosure procedures, which allow for the extinguishment of subordinate interests without actual notice to the holder of that interest, can be considered a state actor for Due Process Clause purposes, and that
• Hirsh v. Crews
  494 So. 2d 260· Fla. 1st DCA· 1986-09-09 ·cited 16×
  The court held that the jurisdictional requirements of section 194.171, Florida Statutes, must be met by each individual class member, and a class action filed by representative plaintiffs who meet the requirements does not satisfy the statute for non-compliant members.
• Poncier v. State
  284 So. 2d 463· Fla. 3d DCA· 1973-10-16 ·cited 15×
  The administratrix of an estate challenged the state's attempt to recover public assistance payments made to the deceased, arguing the state's lawsuit was filed outside the statutory two-month deadline. The court held that only the probate judge, not the trial judge, has authorit
• Bedenbaugh v. Lawrence
  141 Fla. 341· Fla.· 1940-01-12 ·cited 15×
  The Florida Supreme Court affirms dismissal of a liquidator's complaint seeking to collect a bank stock assessment against the heirs of a deceased stockholder by reaching their inherited real estate. The court held that statutory limitations on claims against estates barred recov
• In re The Est. OF Wilbur E. Kulow
  439 So. 2d 280· Fla. 2d DCA· 1983-09-23 ·cited 14×
  State Farm sought reimbursement for an insurance overpayment made to a hospital on behalf of a deceased insured, but filed the claim after the statutory deadline. The court held that State Farm's claim, arising after the decedent's death, was not subject to the nonclaim statute a