Legal Opinion · Concurrence

In re Estate of Vernon

District Court of Appeal of Florida

Decided July 11, 1990No. 89-1362Published

1ConcurrencePolen, Judge

I concur in the result reached by the majority; however, I believe they reached this result for the wrong reason. Although there is a question whether Skaf v. Skaf, 491 So.2d 1265 (Fla. 4th DCA 1986), would even apply to this case, we don’t have to get that far. The trial court struck appellants’ claims against the estate as untimely on March 23, 1987. No appeal nor motion for rehearing was filed then. Appellants entered into a stipulation with ap-pellees two months later, which contained a covenant not to sue until on or after February 2, 1989. However, the trial court had already lost…

2Cases cited2 opinions

  1. Tulsa Professional Collection Services, Inc. v. PopeSupreme Court of the United States · 1988
  2. Skaf v. SkafDistrict Court of Appeal of Florida · 1986

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