Legal Opinion

Morgenthau v. Estate of Andzel

District Court of Appeal of Florida

Decided December 31, 2009No. 1D09-3079PublishedCited by 7 opinions

1Opinion of the CourtWolf, J.

Appellant asserts the trial court erred in striking his claim against an estate based on a finding the claim was untimely filed pursuant to the probate statutes. Because appellant failed to file a request for extension pursuant to section 733.702, Florida Statutes (2007), we affirm.

On January 24, 2008, a petition for administration was filed for the estate of Richard M. Andzel, Sr., who died on November 28, 2007, at the age of 50. On March 25, 2008, the personal representative of the estate filed a Notice of Filing Proof of Publication of the Notice to Creditors which attached a newspaper…

2Cases cited15 opinions

  1. Tulsa Professional Collection Services, Inc. v. PopeSupreme Court of the United States · 1988
  2. May v. Illinois Nat. Ins. Co.Supreme Court of Florida · 2000
  3. Barnett Bank v. Estate of ReadSupreme Court of Florida · 1986
  4. Comerica Bank v. SDI Operating PartnersDistrict Court of Appeal of Florida · 1996
  5. In Re Brown's EstateSupreme Court of Florida · 1960

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3Cited by7 opinions

  1. Carol Ann Jones v. Edward I. Goden, etc.Supreme Court of Florida · 2015
  2. Golden v. JonesDistrict Court of Appeal of Florida · 2013
  3. Lubee v. AdamsDistrict Court of Appeal of Florida · 2012
  4. In re Estate of LoderNebraska Supreme Court · 2021
  5. Whitehead v. Tyndall Federal Credit UnionDistrict Court of Appeal of Florida · 2010

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