Statute Of Non-Claim

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

• Koschmeder v. Griffin
  386 So. 2d 625· Fla. 4th DCA· 1980-08-13 ·cited 14×
  A tortfeasor seeking contribution from a decedent's estate must file a claim within the statutory non-claim period, even if the claim is contingent.
• Sherwin Dorfman v. AETNA Life Ins. Co.
  342 So. 2d 91· Fla. 3d DCA· 1977-02-01 ·cited 14×
  An executor appeals a summary judgment dismissing the estate's counterclaim to recover over $10,000 in medical expenses under a major medical insurance policy. The appellate court reversed, holding that the policy's language 'required to pay' means 'obligated to pay,' and thus Ae
• Brooks v. Nat'l Bank OF Topeka
  251 F.2d 37· 8th Cir.· 1958-01-10 ·cited 14×
  The court held that Missouri's Long-Arm Service Statute, as amended to include foreign executors of nonresident motorists, is constitutional and confers jurisdiction over the defendant executor.
• Est. of Mary D. Grist v. W. Taylor Wilson under the Last Will and Testament of Mary D. Grist
  83 So. 2d 860· Fla.· 1955-12-14 ·cited 14×
  The Florida Supreme Court reversed a Circuit Court decision that had barred an amendment to a probate claim filed after the statutory claims period had expired. The court held that amending a claim from seeking monetary damages to seeking specific property recovery does not const
• Wm. D. Bloxham v. Crane
  19 Fla. 163· Fla.· 1882-06-01 ·cited 14×
  This case concerns whether a guardian's executors can use statutes of limitation and non-claim to avoid paying ward funds held in trust. The Florida Supreme Court held that such funds are held in a fiduciary capacity and are exempt from these statutes, allowing the ward's suit to
• In re Est. of Clarence M. GAY
  294 So. 2d 668· Fla. 4th DCA· 1974-05-24 ·cited 13×
  A Florida probate court improperly allowed a creditor to file a "class claim" against a decedent's estate on behalf of unnamed class members without identifying them by name and address. The appeals court held that the nonclaim statute requires each claimant to be individually na
• Landers v. Sherwin
  261 So. 2d 542· Fla. 4th DCA· 1972-04-07 ·cited 13×
  The statute of non-claim applies to a claim for a fractional share of an estate, barring suits filed after the claims period expires.
• Cornelia ANN Fowler and Trustee under the last will and testament of John A. Cunningham v. Augustus G. Hartridge
  156 Fla. 585· Fla.· 1945-11-27 ·cited 12×
  The Florida Supreme Court held that a creditor's claim against a deceased's estate was barred by the statute of non-claim despite the creditor's knowledge of the lessee's death and eleven-year delay in asserting the claim. The court rejected arguments that the executrix waived th
• Adams v. THE Hackensack Tr. Co. for Anna E. Ely
  156 Fla. 20· Fla.· 1945-05-29 ·cited 12×
  The Florida Supreme Court affirmed a decree requiring executors of Joseph H. Adams' estate to pay a valid debt owed to the Hackensack Trust Company, despite the creditor's failure to file its claim within the statutory eight-month period. The court found that the executors' fraud
• Marshall Lodge No. 39 v. Woodson
  139 Fla. 579· Fla.· 1939-07-28 ·cited 12×
  Marshall Lodge No. 39 appealed a demurrer sustaining judgment for executors of Henry P. Woodson's estate, arguing that the executors' payments of interest on a promissory note and written acknowledgment of the debt constituted a waiver of Florida's statutory filing requirement fo
• Morgenthau v. Est. OF Richard M. Andzel & Sanders Boyer
  26 So. 3d 628· Fla. 1st DCA· 2009-12-31 ·cited 11×
  Appellant Morgenthau sought to file a claim against an estate over a year after the statutory three-month creditor filing deadline expired. The court affirmed dismissal of the claim because appellant failed to request an extension of time to file under Florida Probate Code § 733.
• In re Est. of Norma Jean Hill v. HCA Health Servs. OF Fla., Inc.
  582 So. 2d 701· Fla. 1st DCA· 1991-06-26 ·cited 11×
  The personal representative of Norma Jean Hill's estate appeals an order granting a hospital's late creditor claim under Rule 5.495 of the Florida Probate Rules. The court holds that while Rule 5.495 applies prospectively to claims filed after its January 1, 1989 effective date,
• Gates Learjet Corp. v. Moyer
  459 So. 2d 1082· Fla. 4th DCA· 1984-09-26 ·cited 11×
  Gates Learjet Corporation sought to quash summary judgments granted against its crossclaims for contribution against the estates of two pilots who died in a Learjet crash. The court held that Florida's non-claim statute bars contribution claims against deceased tortfeasors' estat
• Bradford v. Shine
  13 Fla. 393· Fla.· 1869-01-01 ·cited 11×
  Bradford sued Shine's estate on a promissory note, but the administrator pleaded the statute of non-claim barring claims not presented within two years. Bradford argued that an 1865 constitutional ordinance retroactively suspended this statute during the Civil War period (1861-18
• U.S. Tr. Co. OF Fla. Sav. Bank v. General and Mrs. Alexander M. Haig, Jr.
  694 So. 2d 769· Fla. 4th DCA· 1997-04-16 ·cited 10×
  The court reversed an order extending the time for appellees to file a claim against a decedent's estate, holding that appellees' claim under a structural guaranty was contingent rather than ascertainable, and therefore not entitled to actual notice of the claims period deadline.
• Nemeth v. Fla. Dep't OF Revenue
  686 So. 2d 778· Fla. 4th DCA· 1997-01-22 ·cited 10×
  Appellants challenged the constitutionality of Florida's Vehicle Impact Fee and sought refunds, but the trial court dismissed their complaint for failing to file a claim for refund as required by statute. The appellate court reversed, holding that Department of Revenue v. Kuhnlei
• Carlton v. Carlton
  575 So. 2d 239· Fla. 2d DCA· 1991-02-06 ·cited 10×
  Ben and Winston Carlton appealed the dismissal of their complaint alleging intentional interference with their expectancies in their parents' estates by their deceased brother Mabry Carlton. The court reversed, holding that a cause of action for tortious interference with expecte
• United States v. Broward Cnty.
  901 F.2d 1005· 11th Cir.· 1990-05-21 ·cited 10×
  The court held that the district court erred in dismissing the action for lack of subject matter jurisdiction, as the United States has a federal common law right to sue for a refund of taxes paid under protest due to improper valuation.
• Velzy v. The Est. OF Ashley Rodman Miller & George W. Greer
  502 So. 2d 1297· Fla. 2d DCA· 1987-02-20 ·cited 10×
  Velzy appealed from summary judgment dismissing her partition action for a one-half interest in a boat owned by her deceased ex-spouse. The court affirmed, holding that her claim was barred by both the four-year statute of limitations and the three-month claims filing requirement
• Harlton Cowart v. Perkins
  445 So. 2d 654· Fla. 2d DCA· 1984-02-15 ·cited 10×
  Cowart challenged a property tax assessment for agricultural classification, but the trial court dismissed his amended complaint as untimely because it was filed more than 60 days after tax roll certification. The appellate court reversed, holding that the amended complaint relat
• Hollingsworth v. Arcadia Citrus Growers Ass'n
  122 Fla. 90· Fla.· 1934-06-07 ·cited 10×
  In this 1934 Florida case, the court upheld a decree allowing creditors to reach promissory notes allegedly gifted by a deceased debtor to his wife, finding that the notes remained estate property because the debtor lacked sufficient assets to make valid voluntary conveyances whi
• Alphonse Loubat v. Kipp & Young
  9 Fla. 60· Fla.· 1860-01-01 ·cited 10×
  In this 1860 Florida Supreme Court case, executors of a deceased creditor sought to foreclose a mortgage on real property, but the defendant Loubat claimed superior title based on a purchase at a judicial sale under an earlier attachment lien. The court held that the mortgage, th
• Miles v. Parrish
  199 So. 3d 1046· Fla. 4th DCA· 2016-07-13 ·cited 8×
  Sharon Miles challenged the retroactive removal of her homestead exemption and imposition of a tax lien for back taxes from 2005-2010. The trial court dismissed her complaint as untimely under the 60-day statute of limitations in section 194.171, but the appellate court reversed,
• Special Disability Tr. Fund v. Executone OF Cent. Fla. & Liberty Mut. Ins. Co.
  670 So. 2d 143· Fla. 1st DCA· 1996-03-20 ·cited 8×
  The court held that the employer/carrier's claim for reimbursement from the Special Disability Trust Fund was untimely filed, as it exceeded the two-year statutory period from the employee's last maximum medical improvement or first payment of permanent compensation.
• Lasater v. Leathers
  475 So. 2d 1329· Fla. 5th DCA· 1985-09-26 ·cited 8×
  A counterclaim against a decedent's estate is barred if a claim was not filed within the statutory time period, even if litigation was pending at the time of death.
• Special Disability Tr. Fund v. Masonry
  424 So. 2d 884· Fla. 1st DCA· 1982-12-20 ·cited 8×
  The court held that the employer/carrier's claim for reimbursement against the Special Disability Trust Fund was untimely filed, barring the claim.
• Cloer v. Alma May Shawver under the Will of Titus Itly Shawver
  177 So. 2d 691· Fla. 1st DCA· 1965-07-15 ·cited 8×
  Cloer appeals a summary judgment dismissing his negligence claim against the estate of deceased defendant Shawver. The court reversed, holding that filing a motion for substitution of the executrix as party defendant within two years of death, rather than service upon the executr
• In re Est. of Lincoln R. Smith v. Smith
  132 So. 2d 426· Fla. 2d DCA· 1961-08-16 ·cited 8×
  A state agency's claim against a decedent's estate is barred if not filed within the eight-month period prescribed by the non-claim statute, F.S. § 733.16.
• Rubey Toney v. Adair
  120 So. 2d 622· Fla. 3d DCA· 1960-05-19 ·cited 8×
  The court held that Florida's probate law, requiring timely filing of claims against an estate, applies to wrongful death actions, even if a general statute of limitations for such actions exists.
• Haydon v. Weltmer
  137 Fla. 130· Fla.· 1939-04-04 ·cited 8×
  The Florida Supreme Court affirmed a decree ordering the return of personal property (furniture, household goods, jewelry, and antiques) to the remainderman under a will, holding that equity has jurisdiction to order specific delivery of chattels with sentimental value or that ca
• Fremd v. Hogg
  68 Fla. 331· Fla.· 1914-11-24 ·cited 8×
  The court held that a mortgage lien on a decedent's property is a "debt or demand" that must be presented to the estate's administrator within the statutory non-claim period. Failure to do so extinguishes the lien, even if the property is necessary to pay other estate debts. This
• May v. Enoch J. Vann
  15 Fla. 553· Fla.· 1876-01-01 ·cited 8×
  The Florida Supreme Court reversed a judgment against an estate administrator, holding that a co-surety's claim for contribution did not arise until after payment of the underlying debt, and therefore was not required to be presented within the two-year claims period. The court a
• Special Disability Tr. Fund v. S. Bell Tel. & Tel. Co.
  551 So. 2d 575· Fla. 1st DCA· 1989-10-20 ·cited 7×
  The court held that the employer's claim for reimbursement was barred by the failure to file timely notice under the statute in effect at the time the claim accrued.
• In re The Est. OF Jorge Luis Arroyo, Jr. v. Infinity Indem. Ins. Co.
  211 So. 3d 240· Fla. 3d DCA· 2017-01-18 ·cited 6×
  Reyes appeals orders from probate and circuit courts regarding settlement of a negligence suit against an estate and a subsequent bad-faith claim against the estate's insurer, Infinity. The court reverses all three orders, holding that Infinity improperly intervened in probate pr
• Milan Inv. Grp., Inc. v. City OF Miami
  50 So. 3d 662· Fla. 3d DCA· 2010-11-24 ·cited 6×
  The court held that the four-year statute of limitations bars challenges to the establishment of a downtown development authority and its boundaries, but not to an annual tax levy for its operations enacted within the limitation period. The non-claim statute also applies to the a
• Becklund v. Fleming
  869 So. 2d 1· Fla. 2d DCA· 2003-10-10 ·cited 6×
  This case involves a creditor's attempt to recover an unpaid promissory note from a decedent's revocable trust and trustee. The trial court dismissed all claims, but the appellate court reversed in part, finding that the creditor may have timely served a claim on the trustee with
• Page v. McMULLAN
  849 So. 2d 15· Fla. 1st DCA· 2003-03-18 ·cited 6×
  A party cannot use an amended pleading to add a claim for a subsequent tax year if that claim is time-barred by a statute of non-claim.
• Special Disability Tr. Fund v. Sunshine Junior Stores, Inc.
  417 So. 2d 1170· Fla. 1st DCA· 1982-08-16 ·cited 6×
  This case concerns whether the Special Disability Trust Fund (Fund) must reimburse an employer/carrier (E/C) for wage loss benefits paid to a claimant. The court held that the 60-day notice requirement for reimbursement claims applies to wage loss benefits, but only bars reimburs
• Special Disability Tr. Fund v. AETNA Cas. & Sur. Co. & Parkway Gen. Hosp.
  397 So. 2d 381· Fla. 1st DCA· 1981-04-21 ·cited 6×
  The Florida District Court of Appeal reversed a Deputy Commissioner's decision, holding that the Special Disability Trust Fund did not waive its right to assert a statute of nonclaim. The court found no evidence of negotiations that would estop the Fund from relying on the statut
• Simpson v. The First Nat'l Bank & Tr. Co. OF Lake Worth
  318 So. 2d 209· Fla. 4th DCA· 1975-07-31 ·cited 6×
  Mary Agnes Russell Simpson sought declaratory relief to establish her right to contribution from her deceased husband's estate for a jointly-signed promissory note. The court reversed the lower court's dismissal, holding that a contingent claim for contribution must be filed with
• In re Est. of John George Tanner
  288 So. 2d 578· Fla. 2d DCA· 1974-01-23 ·cited 6×
  A Florida appellate court addressed the authority of a curator appointed under Florida Statutes § 732.21 to publish notice to creditors and file objections to claims without court order. The court held that a curator lacks inherent authority to perform such acts without specific
• Wright v. Reynolds Fasteners, Inc.
  184 So. 2d 699· Fla. 3d DCA· 1966-03-22 ·cited 6×
  Florida tax collectors and state comptroller appealed a trial court decree ordering return of tangible personal property taxes paid under protest by Reynolds Fasteners. The court reversed, holding that while the property was constitutionally immune from taxation as imports, the t
• The State of Fla. & Honorable R. D. Hill v. Est. of Bertha Stone Moore
  153 So. 2d 819· Fla.· 1963-05-29 ·cited 6×
  Florida Supreme Court held that the state of Florida, unlike the United States federal government, is subject to statutory non-claim periods when filing claims against estates. The court rejected petitioner's argument that state claims should receive sovereign immunity treatment
• Willmer v. Newsom
  110 Fla. 272· Fla.· 1933-05-20 ·cited 6×
  This case concerns whether a depositor who claims fraud due to a bank's insolvency at the time of deposit must specifically allege compliance with a statute requiring timely filing of claims with the bank's liquidator. The court held that such an allegation is necessary, even whe
• Am. Heritage Window Fashions, LLC v. Dep't OF Revenue
  191 So. 3d 516· Fla. 2d DCA· 2016-05-06 ·cited 5×
  American Heritage Window Fashions appealed the Department of Revenue's dismissal of a petition seeking administrative review of a denied tax refund, arguing the petition was timely under the sixty-day deadline for contesting refund denials. The court affirmed the dismissal, holdi
• Hidden BAY Master Ass'n, Inc. v. Miami-Dade Cnty. Dep't OF Prop. Appraisal
  938 So. 2d 599· Fla. 3d DCA· 2006-09-27 ·cited 5×
  Hidden Bay Master Association appeals a trial court's dismissal of its challenge to property tax assessments on condominium common areas, arguing the Property Appraiser violated Florida law by assessing common elements at full market value rather than proportionately. The Third D
• Adolph Benjamin Sokolowski v. Flanzer
  769 F.2d 975· 4th Cir.· 1985-08-07 ·cited 5×
  The court held that Maryland's statute of limitations, not Delaware's, applied to the action against the estate because Delaware's insurance exception statute did not specifically incorporate its general limitations period, making the limitations period procedural under Maryland
• Sanderson's Administrators v. Thomas and Livingston for use of Inglis
  17 Fla. 468· Fla.· 1880-01-01 ·cited 5×
  The court reversed a judgment for the plaintiff, finding that the lower court erred in sustaining a demurrer to the defendants' pleas. The pleas argued that the lawsuit, filed over four years after the cause of action accrued and after the relevant statute of limitations had pass
• Gibson v. Mitchell
  16 Fla. 519· Fla.· 1878-01-01 ·cited 5×
  This case addresses whether a co-surety's claim for contribution is barred by a statute of non-claim after the deceased co-surety's estate has been distributed. The court held that the claim is not barred and that a bill in equity can be maintained against the heirs to recover fr
• Crapo v. City OF Gainesville
  855 So. 2d 203· Fla. 1st DCA· 2003-09-18 ·cited 4×