Spohr v. Berryman

POLEN, Judge.

Appellants ask this court to address the question of whether the timely filing of a complaint in a civil proceeding satisfies the probate statutory requirement that claimants must file their claims in the decedent’s probate proceeding within a prescribed time frame and manner. § 733.702, Fla. Stat. (1987). The trial court, in a two-step process, concluded section 733.702 was applicable and the filing of the civil complaint did not satisfy the statutory requirement. It therefore entered summary judgment. We find the case does not come within the provisions of the nonclaim statute…