Duran v. Royal Bank of Canada

Plaintiff, Alfredo Duran, as personal representative of the Estate of Carlos Prio Socarras, deceased, appeals an order allowing claim and ordering payment.

Carlos Prio Socarras died on April 5,1977 and his estate was opened by the filing of a petition for administration on May 16. Previous thereto, The Royal Bank of Canada on May 5 had filed a caveat pursuant to Fla. R. P. & G. P. 5.260(a)1 (effective January 1, 1976).

Although letters of administration were issued on June 8, 1977, the clerk of the court failed to notify The Royal Bank, cave-ator, as required by Fla. R. P. & G. P. 5.260(d).2…