Legal Opinion

Steven Kwartin, P.A. v. Henry Oreal, as Personal Representative of the Estate of Wayne Henry Oreal a/k/a Wayne H. Oreal

District Court of Appeal of Florida

Decided March 30, 2016No. 4D13-3617-Henry Oreal, as Personal Representative of the Estate of Wayne Henry Oreal a/k/a Wayne H. Oreal v. Steven Kwartin, P.A., and 4D14-2688PublishedCited by 1 opinion

1Opinion of the CourtLevine, J.

Among several issues raised in this consolidated appeal, we find meritorious only the claimant’s argument that the probate court erred in failing to award all of the interest due to the claimant under the promissory note. Because the estate did not file a timely objection to the claim, the estate could not contest the award of interest. We find the plain language of section 733.705(9) and the promissory note did not allow the probate court to relieve the estate of the interest as previously agreed to by the parties. Thus, we-reverse the probate court’s “equitable set-off’ since it-…

2Cases cited6 opinions

  1. Flagler v. FlaglerSupreme Court of Florida · 1957
  2. Dickerson Florida Inc. v. McPeekDistrict Court of Appeal of Florida · 1995
  3. Pineda v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2014
  4. Wildwood Crate & Ice Co. v. Citizens Bank of InvernessSupreme Court of Florida · 1929
  5. U.S. Bank National Association etc. v. Nicholas F. Farhood a/k/a Nicholas F. FarhoodDistrict Court of Appeal of Florida · 2014

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3Cited by1 opinion

  1. First Equitable Realty III, Ltd. v. Grandview Palace Condo Assoc., Inc.District Court of Appeal of Florida · 2018

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