Legal Opinion

Coba v. Craig

District Court of Appeal of Florida

Decided September 15, 2004No. 3D03-2353PublishedCited by 1 opinion

1Per curiam

Robert Coba appeals an order of the Circuit Court Probate Division determining that he did not file a valid claim against the Estate of Antonio R. Coba. We reverse.

The trial court misapprehended the effect of May v. Illinois Nat’l Ins. Co., 771 So.2d 1143 (Fla.2000), on this case. Here, Robert Coba “is not making a claim or demand against the decedent’s estate that arose before [his] death, and because the action cannot be deemed a liability of the decedent, as it arose well after [his] death, the claim is not subject to the probate code’s statutes of nonclaim.” Thompson v. Hodson, 825 So.2d…

2Cases cited4 opinions

  1. May v. Illinois Nat. Ins. Co.Supreme Court of Florida · 2000
  2. Spohr v. BerrymanSupreme Court of Florida · 1991
  3. Langford v. FerreraDistrict Court of Appeal of Florida · 2001
  4. Swenszkowski v. ComptonDistrict Court of Appeal of Florida · 1995

3Cited by1 opinion

  1. Joseph v. Estate of JosephDistrict Court of Appeal of Florida · 2012

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