CopyCited 8 times | Published | Florida 1st District Court of Appeal
Tsilidis, is not entitled under the provisions of Section 731.11, Florida Statutes, F.S.A., commonly referred
CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...e. Rule History 1975 Revision: These rules shall govern the procedures to be followed in all matters pending on or commenced after January 1, 1976, including procedures for the enforcement of substantive rights that have vested before that date. See section 731.011, Florida Statutes....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...utes (1973), the order granting appellees' motion for judgment on the pleadings is vacated and the cause remanded for further proceedings not inconsistent with this opinion. BOARDMAN, Acting C.J., and OTT, J., concur. NOTES [1] We are not unaware of § 731.011, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Auto-Owners Insurance, Co.,
363 So.2d 1077 (Fla. 1978). Because the Florida Probate Code, effective 1976, does not contain clear language evidencing a contrary intent, Haney v. Holmes,
364 So.2d 81 (Fla.2d DCA 1978), appeal dismissed,
367 So.2d 1124 (Fla. 1979), the principle prevails. Section
731.011, Florida Statutes (1977), the Florida Probate Code, tells us that procedural *489 rights under the Probate Code apply prospectively whereas vested substantive rights remain unaffected and are determined by the law in effect at the time of death....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...o be applied retroactively. In this case, we are confronted with the absence of such an express provision in Section 733.709 itself. Nevertheless, it has been argued that an express, clear and manifest intent can be found in the following provision, Section 731.011, of the new probate code: 731.011....
...730,
188 So. 10 (1938); In re Brown's Estate,
117 So.2d 478 (Fla. 1960). Thus the argument is advanced that the shortened time limitation provided in Section 733.709 is part of "the procedures for the enforcement of substantive rights" which, according to Section
731.011, are to be as provided in the new probate code. There is, frankly, a disagreement among us as to whether Section
731.011 expresses a clear and manifest intention on the part of the legislature that Section 733.709 is to have retroactive effect; that is, is to be applied to claims filed before its effective date of January 1, 1976....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
A.C. Frizzell, deceased, within the meaning of § 731.11, Florida Statutes, F.S.A. The appellants are beneficiaries
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...ination of heirs was filed on April 8, 1975, and the summary judgment appealed from was entered on February 24, 1976. The new Florida Probate Code, which became effective on January 1, 1976, repealed the old code with certain exceptions mentioned in § 731.011, Fla....
...ntage. Therefore, if the new statute is applicable to the determination in this case, the trial court erred in granting summary judgment predicated upon the repealed provision of the old statute. To determine the applicable statute, we must consider § 731.011, Fla....
...The procedures for the enforcement of substantive rights that have vested before January 1, 1976, shall be as provided in this code." Appellees contend that the substantive rights of decedent's heirs vested at the time of his death and, therefore, § 731.011, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 5965, 2010 WL 1727842
...Chapter 74-106 was approved by the governor on May 31, 1974, and filed in the office of the secretary of state on the same day. In chapter 75-220, the legislature made extensive amendments to the Code. Under section 113 of chapter 75-220, the effective date of the Code was postponed until January 1, 1976. See § 731.011, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...Rule History 1975 Revision: These rules shall govern the procedures to be followed in all matters pending on or commenced after January 1, 1976, including procedures for the enforcement of substantive rights that have vested before that date. See F.S. 731.011....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...Rule History 1975 Revision: These rules shall govern the procedures to be followed in all matters pending on or commenced after January 1, 1976, including procedures for the enforcement of substantive rights that have vested before that date. See F.S. 731.011....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15535
...Notwithstanding the date of death in 1975, the widow did not elect to take dower until early 1976 although she timely did so within the provision of Section 731.35, Florida Statute (1973). The new Florida Probate Code took effect on January 1, 1976. (See Section 731.011, Fla.Stat....
...to receive the income thereon” but in fact the estate received the income, not the bank. Had the bank exercised the option we might have had a more difficult problem but it did not, so we need not cross that bridge here. 3. As to the Court Selecting Assets Section 731.011, Florida Statutes (1975), effective January 1, 1976, provides: Determination of Substantive Rights; Procedures....
...Sumter County,
89 Fla. 45 ,
103 So. 104 . (emphasis supplied) It is therefore our conclusion that the selection of assets under the old dower statute affects substantive rights which precludes the court from distributing the assets under the new Florida Probate Code Section
731.011....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...e. Rule History 1975 Revision: These rules shall govern the procedures to be followed in all matters pending on or commenced after January 1, 1976, including procedures for the enforcement of substantive rights that have vested before that date. See section 731.011, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5305
assets for her benefit as a pretermitted child. Section 731.11, Fla.Stat., F.S.A., provides: “Children born
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...Committee Notes Rule History 1975 Revision: These rules shall govern the procedures to be followed in all matters pending on or commenced after January 1, 1976, including procedures for the enforcement of substantive rights that have vested before that date. See section 731.011, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 5276
pretermitted child within the intent and meaning of Fla.Stat. 731.11, F.S.A. (1963). In the lower court litigation
