Public Health Trust v. Gabrilove

HUBBART, Judge.

This case is an independent action to enforce a creditor’s claim against an estate. The trial court dismissed the claim as untimely and the claimant appeals.

The sole issue raised by the appeal is whether Fla.R.Civ.P. 1.090(a), (e) is applicable in computing the statutory thirty day time period under Section 733.705(3), Florida Statutes (1975), within which a claimant must file suit on a claim against an estate after being served with the estate’s objection to such claim. We hold that Fla.R. Civ.P. 1.090(a), (e) is applicable in computing the thirty day time period under Section…