Winegar v. Estate of Cisek

Appellant, Robert Winegar (the creditor), appeals from an order barring his claim against appellee, the estate of John Cisek (the estate). We affirm.

The dispositive issue on appeal is whether the creditor’s claim is barred because it was untimely filed.

The creditor sued Cisek in New York for injuries he sustained on Cisek’s property. He then served Cisek in Florida on April 17, 1987. Cisek died twenty-one days later on May 7,1987. The creditor obtained a default judgment against Cisek in New York, and recorded it in Dade County on September 14, 1988.

Subsequently, the creditor learned of…