CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1989 WL 47150
...Appellant argues, however, that death of the debtor tolled the running of the statute so that the debt remained enforceable, subject only to the timely filing of a claim against the estate, and this latter he properly accomplished. The pertinent provision of the probate code is section 733.104, Florida Statutes (1985), which provides: (1) If a person entitled to bring an action dies before the expiration of the time limited for commencement of the action and the cause of action survives, the action may be commenced by his p...
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...f action survives, the action may be commenced by his personal representative after such expiration and within twelve months from the granting of letters. Section 734.27, Florida Statutes (1973), was subsequently renumbered and amended. The new law, Section 733.104(1), Florida Statutes (1975), effective January 1, 1976, provides: If a person entitled to bring an action dies before the expiration of the time limited for the commencement of the action and the cause of action survives, the action m...
...date of the decedent's death. We must now decide which of these two statutes is applicable to appellant's claim. Appellant maintains that Section 734.27, Florida Statutes (1973), is the applicable statute of limitations, while appellees contend that Section
733.104(1), Florida Statutes (1975), applies. We agree with appellant. It is well settled that a statute will not be given retrospective application unless the intent to do so is clear. Indemnity Insurance Co. v. Brooks-Fisher Insulating Co.,
140 So.2d 613 (Fla. 2d DCA 1962). Neither Section
733.104, Florida Statutes (1975), nor any other section of the Florida Probate Code contains clear language evincing such an intent....
...[1] Where there is reasonable doubt concerning legislative intention to provide for a shortened limitation period, *83 the benefit of the doubt should be given to the plaintiff. Maltempo v. Cuthbert,
288 So.2d 517 (Fla. 2d DCA 1974). If we were to find Section
733.104(1), Florida Statutes (1975), applicable here, we would be holding that appellant's cause of action expired before her right to the claim was determined....
...exist prior to January 1, 1976. The procedures for the enforcement of substantive rights that have vested before January 1, 1976, shall be as provided in this code. However, we do not feel that this section, which does not make specific reference to § 733.104, unequivocally indicates a legislative intent to retroactively shorten and, in some cases, eviscerate, the probate code limitation period.
CopyCited 1 times | Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 18024
SCHWARTZ, Judge. On the basis of Section 733.104(1), Florida Statutes (1979), the trial judge dismissed this action for fraud allegedly committed during his lifetime upon Elliott Mackle, the decedent of the plaintiff-personal representative, because the complaint was filed more than one year after his death. This was error. Section 733.104(1) provides: Suspension of statutes of limitation in favor of the personal representative- (1) If a person entitled to bring an action dies before the expiration of the *1082 time limited for the commencement of the action and the cau...
...Matthews,
177 So.2d 497 (Fla.2d DCA 1965), cert. discharged,
189 So.2d 629 (Fla. 1966). The amendment clearly did not change the effect of the statute itself as discussed in Sammis v. Wightman,
31 Fla. 10 ,
12 So. 526 (1893). . The references to Sec.
733.104(1) as a “probate statute of limitations,” which appear in dicta in Haney v....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...Time of election; extensions; withdrawal. §
732.402, Fla. Stat. Exempt property. § 732.801(5), Fla. Stat. Disclaimer of interests in property pássing by will or intestate succession or under certain powers of appointment. §
732.901, Fla. Stat. Production of wills. §
733.104, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...732.212 Time of election. F.S.
732.402 Exempt property. F.S. 732.801(5) Disclaimer of interests in property passing by will or intestate succession or under certain powers of appointment. F.S. 732.803 Charitable devises. F.S.
732.901 Production of wills. F.S.
733.104 Suspension of statutes of limitation in favor of the personal representative....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...732.212 Time of election. F.S.
732.402 Exempt property. F.S. 732.801(5) Disclaimer of interests in property passing by will or intestate succession or under certain powers of appointment. F.S. 732.803 Charitable devises. F.S.
732.901 Production of wills. F.S.
733.104 Suspension of statutes of limitation in favor of the personal representative....
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 15417, 2000 WL 1744819
...4th DCA 1984) (explaining that while section
731.201(4) defines claims as “liabilities of the decedent, whether arising in contract, tort, or otherwise, and funeral expenses,” this definition explicitly excludes administration expenses). Furthermore, section
733.104(2), Florida Statutes (1999), provides: If a person against whom a cause of action exists dies before the expiration of the time limited for commencement of the action and the cause of action survives, claim shall be filed on the cause...
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...Time of election; extensions; withdrawal. §
732.402, Fla. Stat. Exempt property. § 732.801(5), Fla. Stat. Disclaimer of interests in property passing by will or intestate succession or under certain powers of appointment. §
732.901, Fla. Stat. Production of wills. §
733.104, Fla....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...Time of election; extensions; withdrawal. §
732.402, Fla. Stat. Exempt property. § 732.801(5), Fla. Stat. Disclaimer of interests in property passing by will or intestate succession or under certain powers of appointment. §
732.901, Fla. Stat. Production of wills. §
733.104, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 12829, 2003 WL 22014640
...Alternatively, appellees argue that section
733.705(1) conflicts with the one year statute of limitations imposed by section
95.11. Appellees argue that they were required to file their civil suit prematurely *654 to preserve their right to file suit at all. That argument has no merit. Section
733.104(2), Florida Statutes (2000) states, “[i]f a person against whom a cause of action exists dies before the expiration of the time limited for commencement of the action and the cause of action survives, claim shall be filed on the cau...
