Statute Of Non-Claim

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

• Bush v. Webb
  939 So. 2d 215· Fla. 1st DCA· 2006-10-11
  Hope Bush, as personal representative of her sister's estate, appeals a trial court order requiring her to pay funeral expenses claimed by the decedent's children more than two years after death. The court reversed, holding that Florida's two-year statute of non-claim in section
• Lockheed Martin & The Home Ins. Co. in Liquidation v. Special Disability Tr. Fund
  943 So. 2d 811· Fla. 1st DCA· 2006-09-18
  The court held that the employer/carrier's notice of reimbursement claim was timely filed within two years of the claimant reaching maximum medical improvement.
• Velde v. Velde
  867 So. 2d 501· Fla. 4th DCA· 2004-02-25
  In this estate case, the Fourth District Court of Appeal affirmed that a surviving spouse's election to take elective share was timely even though filed after the normal four-month statutory period, because the spouse commenced a "proceeding" to determine the complete extent of t
• Richard and Patricia LEE v. Bert Hartsfield as Leon Cnty. Prop. Appraiser
  848 So. 2d 430· Fla. 1st DCA· 2003-07-02
  The court affirmed that a challenge to a property assessment, regardless of how framed, must comply with the 60-day non-claim statute under section 194.171(2), Florida Statutes, and the trial court properly lacked subject matter jurisdiction over the Lees' declaratory and injunct
• Barrett Tool Rental, Inc. v. Metro. Miami Dade
  802 So. 2d 1166· Fla. 3d DCA· 2001-12-05
  The court held that the trial court correctly ruled it lacked subject matter jurisdiction because BTR's action to contest the tax assessment was untimely.
• Westring v. State
  682 So. 2d 171· Fla. 3d DCA· 1996-10-02
  Westring challenged a documentary stamp tax imposed on a quitclaim deed transferring his home back to himself individually pursuant to a marital settlement agreement, arguing the tax was invalidly imposed since no money changed hands. The court affirmed the trial court's dismissa
• Chihocky v. Crapo
  632 So. 2d 230· Fla. 1st DCA· 1994-02-18
  Carol Chihocky appeals a summary judgment dismissing her tax assessment challenge as untimely. The court reversed, finding a genuine factual dispute about whether the property appraiser complied with statutory notice requirements that trigger the 60-day jurisdictional filing dead
• United States v. Dawson
  929 F.2d 1336· 8th Cir.· 1991-04-10
  A secured party who fails to notify a guarantor of the sale of the debtor's collateral is barred from foreclosing on the guarantor's real estate pledged as collateral.
• Am. Tel. & Tel. Co. v. Murvin I. Fraiser, Jr.
  545 So. 2d 405· Fla. 1st DCA· 1989-06-13
  AT&T appealed the dismissal of its nuisance abatement complaint against the estate and personal representatives of deceased property owner J. Ellis Crosby. The court affirmed dismissal, holding that AT&T's claims were barred by Florida's nonclaim statute because no claim was file
• In re Est. OF Victor Hammer v. James R. Knott Ad Litem of the Estate of Victor J. Hammer
  511 So. 2d 708· Fla. 4th DCA· 1987-08-19
  This case consolidates two appeals concerning probate procedures and the enforceability of a statutory notice requirement. The court reversed the dismissal of an independent civil action brought by a decedent's brother on unpaid promissory notes, holding that failure to file writ
• Johnston v. Cox-Parker Funeral Home, Inc.
  487 So. 2d 1115· Fla. 4th DCA· 1986-04-09
• Fed. Deposit Ins. Corp. v. Vermelle Roland Fagan and distributee of the Estate of Wylie H. Fagan
  674 F.2d 302· 4th Cir.· 1982-03-25
  The dissenting judge would reverse the denial of full recovery to the FDIC on a guaranty, finding the contract unambiguously bound the guarantor's estate to future advances.
• Bronson v. Bd. OF Cnty. Comm'rs OF Brevard Cnty.
  394 So. 2d 575· Fla. 5th DCA· 1981-03-04
  Property owners appealed a summary judgment denying them rights to excess funds from a tax sale held by Brevard County. The court affirmed, holding that the plaintiffs' claim was barred by a two-year statute of limitations in section 197.186, Florida Statutes, which applied to ex
• Zeidel v. Est. of Hyman Rosenberg
  357 So. 2d 259· Fla. 3d DCA· 1978-04-11
  A replevin action claiming ownership of specific property held by an estate is not subject to the non-claim statute and therefore does not require an extension of time to file.
• Herbert Goldberg ad litem of the Estate of Stanley W. Boyda v. Harriete Michalik
  237 So. 2d 298· Fla. 2d DCA· 1970-06-19
  Harriete Michalik sought a portion of the proceeds from the sale of four contiguous real estate blocks, claiming she was entitled to the net proceeds attributable to Block 8, which she owned in fee simple, while her deceased father owned Blocks 9-11. The court upheld her claim ba
• Stanton v. Kruse
  229 So. 2d 657· Fla. 3d DCA· 1969-12-16
  The court held that the claimant did not sufficiently show cause to extend the time for filing a claim against a decedent's estate, and thus the estate was not estopped from asserting the statute of non-claim.
• Deigaard v. Baya
  163 So. 2d 27· Fla. 3d DCA· 1964-04-07
  In this probate appeal, the court held that notice to creditors published by an initially appointed but subsequently revoked administratrix starts the statutory clock for creditor claims under Florida's non-claim statute, even though the administratrix was later found unqualified
• Davis v. Evans
  20 Fla. Supp. 172· Duval Cty. Cir. Ct.· 1962-06-01
  The Duval County Circuit Court denied the plaintiff's motion for summary judgment, finding that a genuine controversy exists regarding whether the defendant-executor is estopped from asserting the non-claim statute due to the plaintiff's failure to file a claim against the estate
• In re Nuding's Estate
  5 Fla. Supp. 112· Palm Beach Cty. J. Ct.· 1954-04-23
  In this probate matter, the court denied a creditor's request for an extension of time to file suit on a claim against an estate after the statutory deadline had passed. The court held that a creditor's mistake of law regarding Florida's probate procedures does not constitute "go
• Jewel L. Sawyer v. ERA M. Hinton as Administratrix of the Estate of Albert L. Hinton
  160 Fla. 473· Fla.· 1948-05-11
  The Florida Supreme Court reversed a directed verdict granted to the defendant-administratrix where the trial court improperly excluded a portion of the plaintiff's claim against a decedent's estate. Although part of the claim was time-barred under the statute of non-claim, the p
• Hannah v. The First State Bank of Eustis
  143 Fla. 416· Fla.· 1940-06-18
  This case involves a promissory note signed by J. F. Hannah as executor of an estate. The defendant argued the note was not his individual act and deed, and that claims against the estate were barred by statute. The court affirmed the lower court's decision, finding the defendant
• City of New Port Richey v. Oliver
  134 Fla. 699· Fla.· 1938-10-31
  The court reviewed a case concerning a city's attempt to use a charter provision requiring notice before filing suit to bar a bondholder's claim. The court held that this provision does not apply to suits on municipal bonds, especially when the city has failed to provide the requ
• Sanchez v. Dow
  23 Fla. 445· Fla.· 1887-06-01
  This case involves a claim by heirs against an estate administrator for $62,000 plus interest that was retained by John Forbes in 1808 as executor of multiple estates, allegedly pending resolution of a McGilivray claim. The Florida Supreme Court reversed the lower court's judgmen