J & S Installation Specialist, Inc. v. Mabry

WALLACE, Judge.

The issue raised by this appeal is whether a creditor’s claim filed in an estate administration proceeding is barred after an independent action brought to enforce the claim pursuant to section 733.705(4), Florida Statutes (1999), is dismissed for lack of prosecution. In accordance with our prior decision in Hogan v. Howard, 716 So.2d 286 (Fla. 2d DCA 1998), we conclude that the dismissal of the independent action for lack of prosecution bars the claim in the estate administration proceedings. The circuit court so ruled, and with one exception, we affirm its order.

The Facts

The…