Statute Of Non-Claim

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

• Dobal v. Perez
  809 So. 2d 78· Fla. 3d DCA· 2002-02-13 ·cited 4×
  The court held that claims against the estate were barred by the statute of non-claim, and the trial court correctly granted summary judgment and denied realignment.
• Davis v. Kaye B. Starling
  799 So. 2d 373· Fla. 4th DCA· 2001-11-14 ·cited 4×
  Debtors who purchased property from a decedent on a purchase money mortgage seek to assert recoupment against the current holder (the decedent's daughter) to reduce the mortgage debt by environmental cleanup costs, claiming the seller misrepresented the property's environmental c
• Manatee Mem'l Hosp. & Johns E. Co., Inc. v. Special Disability Tr. Fund
  774 So. 2d 876· Fla. 1st DCA· 2000-12-29 ·cited 4×
  The court held that the payment of permanent impairment benefits does not commence the running of the two-year non-claim statute for reimbursement from the Special Disability Trust Fund.
• Special Disability Tr. Fund v. Low Cost Transmission & Am. States Ins. Co.
  725 So. 2d 1218· Fla. 1st DCA· 1999-01-15 ·cited 4×
  The Special Disability Trust Fund appeals a judge of compensation claims' order finding an employer's claim for reimbursement timely under Florida's workers' compensation statute. The court reversed, holding that an employer's implied acceptance of an initial maximum medical impr
• Palmer Trinity Private Sch., Inc. v. Robbins
  681 So. 2d 809· Fla. 3d DCA· 1996-10-09 ·cited 4×
  The court held that the failure of the property appraiser to send a renewal application does not toll the sixty-day period for challenging a tax assessment when the taxpayer has actual notice of the certification date.
• In re Est. OF Bernard L. Danese
  641 So. 2d 423· Fla. 1st DCA· 1994-07-29 ·cited 4×
  The Florida First District Court of Appeal reversed the probate court's order reopening the estate of Bernard L. Danese to allow appellees to file a late claim. The court held that Thames v. Jackson's due process protection for known creditors does not apply when the creditors ha
• HCA NEW Port Richey Hosp. v. Est. OF Constance M. Boschelli
  588 So. 2d 1012· Fla. 2d DCA· 1991-10-09 ·cited 4×
  HCA New Port Richey Hospital appealed the trial court's denial of its claim against the Estate of Constance M. Boschelli for unpaid medical bills. The appellate court held that because the hospital's claim was governed by the pre-1988 version of Florida's claims statute (which op
• L.E. Mervyn Campbell and Cecil Ferdinand and Pearl Ferdinand v. In re Est. OF Ernest Charles Schleusener
  504 So. 2d 417· Fla. 4th DCA· 1987-02-11 ·cited 4×
  The court held that section 733.702, Florida Statutes, is a statute of limitations, not a statute of non-claim, and allows for untimely claims based on grounds like estoppel or fraud.
• Crosson v. Conlee
  745 F.2d 896· 4th Cir.· 1984-10-04 ·cited 4×
  A federal court sitting in diversity should decline jurisdiction over a claim against a foreign executor if the claim is barred by the nonclaim statute of the state where the estate is being administered and where all assets are located, rendering any judgment unenforceable.
• Hathaway v. Boyd
  192 So. 2d 8· Fla. 3d DCA· 1966-11-08 ·cited 4×
  The court held that the plaintiff's alleged oral promise to convey property was insufficient to justify equitable relief and did not exempt him from the statute of non-claim.
• In re Est. of Bertha Stone Moore v. Est. of Bertha Stone Moore
  145 So. 2d 293· Fla. 1st DCA· 1962-09-18 ·cited 4×
  The statute of non-claim applies to claims filed by the State of Florida against estates, requiring timely filing within eight months of the first publication of notice to creditors.
• Ruza v. Est. of Joseph M. Ruza
  132 So. 2d 308· Fla. 3d DCA· 1961-08-10 ·cited 4×
  In this intestate succession case, the court addressed whether the federal government could claim unpaid gift taxes from a deceased's estate after missing the statutory filing deadline, and whether insurance policy proceeds payable to the estate were subject to such claims or pro
• Verizon Commc'ns Inc. & Affiliates v. State of Fla. Dep't of Revenue
  386 So. 3d 599· Fla. 1st DCA· 2024-02-28 ·cited 3×
  Florida law does not adopt federal corporate tax mitigation provisions that would allow a taxpayer to claim refunds for taxes paid in error beyond the three-year statute of limitations set forth in § 215.26, Florida Statutes. Although Florida's tax code is designed to utilize fed
• Jackmore v. Jackmore
  71 So. 3d 912· Fla. 1st DCA· 2011-10-06 ·cited 3×
  Carolyn Jackmore appealed the denial of her motion to enforce a 1975 New York alimony and child support judgment against her deceased former husband's estate. The Florida appellate court reversed, finding the trial court erred by denying enforcement without an evidentiary hearing
• Mack v. Perri
  24 So. 3d 697· Fla. 1st DCA· 2009-12-22 ·cited 3×
  The court held that the Macks' claims against the estate were untimely filed and therefore barred by statute.
• Besse L. Staley v. Jackson
  154 So. 2d 349· Fla. 2d DCA· 1963-06-05 ·cited 3×
  In this appeal, the court affirmed dismissal of appellant's action seeking a constructive trust and equitable lien against a decedent's estate. The court held that because the appellant could not identify and trace the specific trust property that the decedent allegedly misapprop
• In re : Estate of John Barrett v. Abel J. Wyman
  147 Fla. 198· Fla.· 1941-04-01 ·cited 3×
• Starke v. Pfender
  146 Fla. 262· Fla.· 1941-02-25 ·cited 3×
  The court held that the mortgagors' agreement for services in lieu of payment constituted a defense to foreclosure, not a claim requiring filing with the executor.
• Tsuji v. Fleet
  326 So. 3d 143· Fla. 1st DCA· 2021-08-04 ·cited 2×
  This case concerns whether claims against a deceased tortfeasor's estate and their insurer are time-barred. The appellate court affirmed the trial court's decision, holding that claims against the estate and the employer (vicariously liable) were time-barred under Florida's Proba
• In re Est. OF William J. Fleming v. Fleming
  786 So. 2d 660· Fla. 4th DCA· 2001-06-13 ·cited 2×
  The court held that the two-year statutory period of non-claim for estate actions is absolute and cannot be extended, even if a personal representative fraudulently induced a creditor to delay filing.
• Brown v. Taylor
  500 So. 2d 309· Fla. 2d DCA· 1986-12-30 ·cited 2×
  The estate of Nellie Ruth Weathersbee challenged three deeds transferring property to her great-great nephew Samuel Taylor, alleging undue influence and incompetence. The trial court refused rescission but awarded the estate limited damages. On appeal, the court affirmed the deni
• In re Est. OF Leon Henry Read, Jr.
  472 So. 2d 1271· Fla. 4th DCA· 1985-07-10 ·cited 2×
  A probate court commits fundamental error when it orders payment of a creditor's claim that was filed after the three-month statutory period under section 733.702, Florida Statutes, even though the personal representative failed to raise the defense by pleading, because the inval
• Miller v. Nolte
  427 So. 2d 248· Fla. 4th DCA· 1983-02-16 ·cited 2×
  A Florida taxpayer challenged a property tax assessment more than 60 days after the assessment was certified for collection. The court held that the 60-day deadline in Florida Statutes § 194.171(2) is a jurisdictional statute of non-claim rather than a statute of limitations, mak
• In re the Est. OF Bertha L. Williams
  381 So. 2d 735· Fla. 2d DCA· 1980-03-28 ·cited 2×
  The court affirmed the trial court's denial of a motion to strike a creditor's claim for funeral expenses filed after the statutory deadline. The court held that funeral expenses incurred after the decedent's death are not subject to the nonclaim statute requiring claims to be fi
• Exxon Corp. v. Lewis
  371 So. 2d 129· Fla. 1st DCA· 1978-12-29 ·cited 2×
  Exxon appealed an agency determination that its severance tax refund claims were barred under Florida Statute § 211.06(2), which imposed a one-year filing deadline. The First District Court of Appeal reversed, holding that § 215.26 controls and provides a three-year period for fi
• Clausohm v. Twomey
  226 So. 2d 226· Fla. 2d DCA· 1969-08-27 ·cited 2×
  The court reversed the lower court's disallowance of estate payments made by an administratrix without formal written claims being filed with the probate court, holding that the nonclaim statute does not absolutely prohibit voluntary payment of valid, undisputed claims presented
• Swan v. Est. of Robert Roseman Monette by Ollie Monette
  400 F.2d 274· 8th Cir.· 1968-08-14 ·cited 2×
• Biddle Junior Simpson in re Estate of Lonnie Simpson v. Mrs. Lula D. Simpson
  143 So. 2d 707· Fla. 1st DCA· 1962-05-15 ·cited 2×
  An heir of a deceased estate owner appealed two orders from the probate court. The court affirmed the order allowing the administratrix to pay for labor performed by the decedent's daughter, but reversed in part an order approving payment of certain claims that were barred by Flo
• Fid. & Deposit Co. of Md. v. Hobbs
  144 F.2d 5· 10th Cir.· 1944-08-09 ·cited 2×
  A surety's claim for indemnity against the estate of a deceased principal is barred by the nonclaim statute if not filed within the statutory period, even if the claim was contingent at the time of the principal's death.
• Bush v. Charles S. Adams de bonis non cum Testamento Annexo of John S. Adams
  25 Fla. 809· Fla.· 1889-06-01 ·cited 2×
  This case concerns the foreclosure of a mortgage where the mortgagor died during the proceedings. The court affirmed the dismissal of the foreclosure bill, holding that the claim was barred by the statute of non-claim due to the claimant's failure to present the claim within the
• C&S Wholesale Grocers, Inc. v. State of Fla. Dep't of Bus. & Prof'l Reg.
  375 So. 3d 943· Fla. 1st DCA· 2023-12-13 ·cited 1×
  An agency must rule on a petition for formal administrative hearing within fifteen days under the Administrative Procedure Act, and its failure to do so violates due process and prevents dismissal with prejudice. The relation back doctrine cannot cure an amended petition filed ou
• A.W. v. Humana Med. Plan, Inc.
  270 So. 3d 400· Fla. 4th DCA· 2019-03-27 ·cited 1×
  The appellate court reversed an agency's dismissal of a Medicaid Fair Hearing request, finding that the agency's method of notifying the appellant solely via email did not comply with due process requirements. The court emphasized the need for a clear election of email service by
• Johnson v. Townsend
  259 So. 3d 851· Fla. 4th DCA· 2018-10-24 ·cited 1×
  The court declined to reconsider its decision but certified a question of great public importance to the Florida Supreme Court regarding the treatment of a surviving spouse's vested community property rights in probate estate claims procedures.
• City OF Cooper City v. Joliff
  227 So. 3d 633· Fla. 4th DCA· 2017-09-27 ·cited 1×
  The City of Cooper City appeals a judgment invalidating its special assessment for Fire Rescue Services. The court held that an improperly apportioned special assessment is voidable rather than void, making the ordinance's 20-day deadline to challenge the assessment applicable. B
• City OF Miami v. 346 NW 29TH St., LLC
  217 So. 3d 143· Fla. 3d DCA· 2017-03-22 ·cited 1×
  The City of Miami sought a writ of prohibition to quash a circuit court's partial summary judgment on liability favoring a class of businesses that had applied for ad valorem tax exemptions under a City ordinance. The Third District Court of Appeal denied the petition, holding th
• S. Pointe Fam. & Child. Ctr., Inc. v. Miami-Dade Cnty.
  57 So. 3d 256· Fla. 3d DCA· 2011-03-16 ·cited 1×
  The court held that the appellant's challenge to ad valorem tax assessments was time-barred by the Non-Claim Statute and that failure to pay subsequent taxes also divested the court of jurisdiction.
• In re Est. OF Walter J. Koshuba v. Mary A. Byrski ad Litem for the heirs of Walter J. Koshuba
  993 So. 2d 983· Fla. 2d DCA· 2007-10-10 ·cited 1×
  The court held that Zilewicz's prior filings in the probate proceeding were substantially sufficient to constitute a timely filed claim against the estate, despite defects in form.
• In re Est. OF Isaac Tarmy
  518 So. 2d 471· Fla. 4th DCA· 1988-01-20 ·cited 1×
  Prison regulations prohibiting inmates assigned to outside work details from returning to the prison during the day, which prevented attendance at Jumu'ah, were reasonably related to legitimate penological interests and thus did not violate the Free Exercise Clause.
• Bonner v. Atl. Nat'l Bank of Jacksonville
  18 Fla. Supp. 150· Duval Cty. Cir. Ct.· 1961-07-31 ·cited 1×
  A party claiming rights in an estate based on an adoption contract, rather than as a legal heir, must file a claim against the estate within the statutory time limit.
• Tampa Port Auth. v. Henriquez
  Fla. 2d DCA· 2023-07-07
  The appellate court affirmed a lower court's summary judgment denying ad valorem tax exemptions for property leased by the Tampa Port Authority. The Port Authority argued the property appraiser lacked standing and that it was not timely joined as a party. The court rejected both
• Namon v. Elder
  Fla. 3d DCA· 2021-11-24
  Barbara Namon, as personal representative of her late husband's estate, appealed the denial of a motion for temporary injunction seeking to recover a valuable Winslow Homer painting from Sotheby's. The decedent's children claimed ownership through an inter vivos gift, while Barba
• Myriam Ivette Colon-Perez v. Bekki Lindenberger
  Fla. 5th DCA· 2021-11-12
  The trial court did not abuse its discretion in permitting Bekki Lindenberger to amend the complaint to properly name the Estate of Myriam Ivette Colon-Perez as a party defendant.
• The City of Coral Gables v. Garcia
  299 So. 3d 1096· Fla. 3d DCA· 2019-12-04
  A counterclaim filed by a non-party without authorization is a legal nullity that cannot be revived through relation back or subsequent intervention. The sixty-day nonclaim period in section 194.171(2) is jurisdictional and mandatory, and failure to file a valid tax assessment ch
• Merrick Park, LLC v. Garcia
  299 So. 3d 1096· Fla. 3d DCA· 2019-12-04
  This case involves appeals by Merrick Park, LLC and the City of Coral Gables regarding the dismissal of tax assessment challenges. The appellate court affirmed the trial court's decisions, finding that the City could not intervene to pursue its own tax claim as a non-party and th
• Reed v. Reed
  14 Fla. L. Weekly 1397· Fla. 5th DCA· 2019-04-05
  The Fifth District Court of Appeal of Florida affirmed the trial court's decision, holding that the appellant failed to provide an adequate record to demonstrate error and that challenges to findings were not preserved.
• Wallace v. Watkins
  Fla. 5th DCA· 2018-08-13
  The nonclaim statute does not bar heirship claims, and heirs lawfully entitled to share in an estate but not included in summary administration may enforce their rights in appropriate proceedings against those who procured the original order.
• Lerma-Fusco v. Smith
  220 So. 3d 562· Fla. 5th DCA· 2017-06-16
  Janie Lerma-Fusco, as personal representative of her deceased husband Franco Fusco's estate, appealed orders setting aside a strike of creditors' claim and granting a temporary injunction freezing estate assets. The Fifth District Court of Appeal dismissed the first appeal as non
• Sherman
  Del.· 2016-02-16
  The Delaware Supreme Court held that the State waived sovereign immunity because its self-insurance policy covered the alleged sexual assault by Officer Giddings, as the exclusion for intentional acts did not apply to the State as the named insured. The Court also affirmed the Su
• Cummings
  Del. Ch.· 2013-06-17
  The Court held that the plaintiff's child support claim against the decedent's estate was time-barred under Delaware's non-claim statute. The claim, though contingent on the child's birth after the decedent's death, arose from the decedent's actions before his death and was there
• Joseph v. In re the Est. of Gerard Joseph
  83 So. 3d 965· Fla. 3d DCA· 2012-03-21
  In this consolidated appeal, a former wife and the estate of her former husband dispute whether she must pay rent for her exclusive occupancy of their jointly-owned former marital home. The court affirms the probate court's determination that rent is owed and that $1,050 per mont