Legal Opinion · Dissent
Hill v. HCA Health Services of Florida, Inc.
District Court of Appeal of Florida
Decided June 26, 1991No. 89-1336Published
1DissentBooth, Judge
I respectfully disagree with the majority view that Rule 5.495, Florida Rules of Probate and Guardianship Procedure, applies *705and precludes the trial court from granting an extension for filing the claim. I am also concerned that the majority implicitly equates “actual knowledge” with “actual notice,” the latter being required to be served by one using state action to cut off protected rights. Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478, 108 S.Ct. 1340, 99 L.Ed.2d 565 (1988).
The Pope case holds unconstitutional an Oklahoma statute of nonclaim similar to Florida’s on the…
2Cases cited18 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
- Tulsa Professional Collection Services, Inc. v. PopeSupreme Court of the United States · 1988
- Coe v. Armour Fertilizer WorksSupreme Court of the United States · 1915
- Henry v. STATE, DEPT. OF ADMIN., DIV. OF RETIREMENTDistrict Court of Appeal of Florida · 1983
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