Legal Opinion

Grainger v. Wald

District Court of Appeal of Florida

Decided February 12, 2010No. 1D09-0765PublishedCited by 1 opinion

1Opinion of the CourtHawkes, C.J.

Appellant serves as the personal representative of the estate of Samuel Gus Fe-tos. As personal representative, she challenges the denial of her petition to strike a claim filed against the estate by Wald as untimely under section 733.702(1), Florida Statutes (2009). The probate court denied the petition, finding the time constraints of section 733.702(1) inapplicable because the notice to creditors was improperly served on Wald. We find this reasoning without statutory support and, therefore, reverse.

Wald was involved in an automobile/motorcycle accident with the decedent and brought a…

2Cases cited2 opinions

  1. In Re Estate of OrtolanoDistrict Court of Appeal of Florida · 2000
  2. MacK v. PerriDistrict Court of Appeal of Florida · 2009

3Cited by1 opinion

  1. Spencer v. EMC Mortgage Corp.District Court of Appeal of Florida · 2012

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