The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . The notice, pursuant to section 733.702(1), stated in pertinent part: All creditors of the decedent and . . . See § 733.702(1), Fla. . . . On June 30, 2015, the three-month claims period under section 733.702(1) expired. . . . Section 733.702(4)(a) states: "Nothing in this section affects or prevents ... . . . See § 733.702(1), Fla. . . . wife filed more than two years after the decedent's death, for three reasons: (1) pursuant to section 733.702 . . .
. . . See § 733.702(1), Fla. Stat. (2015). . . . See id.; § 733.702(3). . . .
. . . .” § 733.702(4)(b), Fla. Stat. (2013). . . . And the narrow exception provided by section 733.702(4)(b) is followed by section 733.702(5), reiterating . . . that nothing in section 733.702 “shall extend the limitations period set forth in s. 733.710.” . . . The narrow exception of section 733.702(4)(b) is inapplicable in this case because the estate’s liability . . . Applicable Case Law Regarding the exception for claims against an insured decedent, section 733.702(4 . . . she could no longer do so because the negligence lawsuit was barred by the statute of limitations, § 733.702 . . . Although the Florida Supreme Court in May held that section 733.702 “is a statute of limitations that . . . However, unlike section 733.702, a creditor that has obtained a judgment in a separate action cannot . . . In Pezzi, the Fourth District held that the plaintiffs failure to comply with sections 733.702 and 733.710 . . . In support of its interpretation of sections 733.702 and 733.710, the court noted that the purpose of . . .
. . . . § 733.702(3), Fla. Stat. (2012). . . . Thus, under section 733.702(1), the Bank’s deadline to file a claim was May 15, 2013. . . . meriting an extension “upon grounds of fraud, estoppel, or insufficient notice of the claims period.” § 733.702 . . .
. . . Under section 733.702(1), Florida Statutes (2015) “no claim or demand against the decedent’s estate that . . .
. . . . § 733.702(1), Fla. Stat. (2013). . . . . § 733.702(2). . . . . § 733.702(3).. . . . of the notice to creditors, her petition was untimely, and her asserted claim was barred by section 733.702 . . .
. . . the notice to creditors but whose claim is known or reasonably ascertainable is barred under section 733.702 . . . never served with a copy of the notice to creditors, the statute of limitations set forth in section 733.702 . . . Because we conclude that the limitations periods prescribed in section 733.702(1) are not applicable . . . See § 733.702(1). . . . section applies only to claims that are untimely under section 733.702. . . .
. . . court entered an order striking Souder’s claims, determining that they were untimely under section 733.702 . . . time-barred because they were filed beyond the three-month creditors’ claim period set forth in section 733.702 . . . Section 733.702(1) provides that: [N]o claim or demand against the decedent’s estate that arose before . . . period of 30 days from the date of service of the notice in which to file a petition for extension. § 733.702 . . . creditors must file claims against the estate with the court during the time periods set forth in s. 733.702 . . .
. . . never served with a copy of the notice to creditors, the statute of limitations set forth in section 733.702 . . . See §§ 733.702, 733.710, Fla. Stat. (2006). . . . Section 733.702 is a statute of limitations that cannot be waived in a probate proceeding by failure . . . Our decision in Puzzo is consistent with the plain language of sections 733.702 and 733.710. . . . creditor to file a motion for extension of time under section 733.702(3). . . .
. . . been extinguished, or at least reduced, by virtue of (a) the probate statutes of non-claim, sections 733.702 . . .
. . . within three months of the date of first publication of the notice to creditors, pursuant to section 733.702 . . . Statutes (2006), or file a motion for extension of time in which to file his claim, pursuant to section 733.702 . . . Lubee was not served with a copy of the notice to creditors pursuant to sections 733.702(1) and 733.2121 . . . See § 733.702(1). . . . Lubee could seek an extension from the probate court pursuant to section 733.702(3) within the two-year . . .
. . . See § 733.702(1), Fla. Stat. . . .
. . . against the Estate of Carl Spatz arose prior to the death of the decedent for purposes of subsection 733.702 . . . As no grounds existed for an extension of time under subsection 733.702(3), the trial court properly . . .
. . . was controlled by the former Florida Probate Law’s section 733.16, the predecessor to current section 733.702 . . . On the contrary, section 733.702(2) provides: No cause of action, including, but not limited to, an action . . .
. . . denial of her petition to strike a claim filed against the estate by Wald as untimely under section 733.702 . . . The probate court denied the petition, finding the time constraints of section 733.702(1) inapplicable . . . There are two reasons why the probate court erred in finding the time constraints of section 733.702( . . . The time constraints contained in section 733.702(1) are important and should not be skirted by legal . . . Section 733.702(1) includes all claims within its scope, "even if the claims are unma-lured, contingent . . . See § 733.702(1), Fla. Stat. (2006). See also Smoak v. Graham, 167 So.2d 559, 561 (Fla.1964). . . . deemed a “claim or demand against the decedent’s estate that arose before the death of the decedent.” § 733.702 . . .
. . . Because appellant failed to file a request for extension pursuant to section 733.702, Florida Statutes . . . Section 733.702, Florida Statutes (2007), governs the filing of claims against an estate and provides . . . Upon reviewing the ... provisions of section 733.702, Florida Statutes (1983), we held that section 733.702 . . . In 1988, the Legislature amended section 733.702, Florida Statutes. . . . In 1989, the Legislature again amended section 733.702, Florida Statutes. . . .
. . . We agree with the trial court that the Macks’ claims against the estate are barred by sections 733.702 . . . See § 733.702(1). . . . Further, the Macks did not file a request for an extension of time under section 733.702(3) until after . . . Here, the Macks’ claims were untimely filed under section 733.702(1). . . . Although section 733.702(3) provides for an extension, the claim and motion for an extension must be . . .
. . . Tampa General filed a lien in the probate case, pursuant to section 733.702, to preserve its rights against . . .
. . . . § 733.702, Fla. Stat. Limitations on presentation of claims. § 733.705, Fla. Stat. . . .
. . . expenses of the administration and obligations of a decedent’s estate, or any claims described in s. 733.702 . . .
. . . authorized to sell because “no cause of action was timely filed by the purchaser in accordance with F.S. 733.702 . . . (1), F.S. 733.702(6) and F.S. 733.710.” . . . Zilewicz was timely filed in accordance with sections 733.702 and 733.710, Florida Statutes (2003). . . . In May, 771 So.2d at 1150, the court held that section 733.702, Florida Statutes (1991), is a statute . . . The amendment is pertinent to the instant case and renders the claim timely under section 733.702. . . .
. . . However, no opinion is offered whether such claims are barred by the provisions of section 733.702, Florida . . . Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 and 733.702 . . .
. . . expenses of the administration and obligations of the decedent’s estate, or any claims described in s. 733.702 . . .
. . . in this section. (2) This section shall not apply to a creditor who has filed a claim pursuant to s. 733.702 . . .
. . . As such, the trial court granted D.G.’s petition pursuant to section 733.702(3), specifically finding . . . Section 733.702(3), Florida Statutes (2004), states in part, "An extension may be granted only upon grounds . . .
. . . . § 733.702(3), Fla. Stat. . . . 783.702(1) only if the claimant has been granted an extension of time to file the claim pursuant to s. 733.702 . . .
. . . . § 733.702, Fla. Stat. Limitations on presentation of claims. § 733.705, Fla. Stat. . . . However, no opinion is offered whether such claims are barred by the provisions of section 733.702, Florida . . . Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 and 733.702 . . . Notice to creditors; filing of claims. § 733.702, Fla. Stat. . . .
. . . See § 733.702(1), (3), Fla. . . .
. . . of claim in the probate proceeding for the decedent’s estate within the time allowed under section 733.702 . . . Scott had failed to file a creditor’s claim as required by section 733.702(1), and that any claim she . . . well as to claims for personal property in the possession of the personal representative. § 733.702( . . . The bar imposed by section 733.702 is a statute of limitations, not a statute of non-claim. May v. . . . See § 733.702(4). Other claims are excluded from the operation of the statute by case law. . . .
. . . Additionally, section 733.702(1), Florida Statutes, limits the time a creditor can successfully present . . . required to be served with a copy of the notice to creditors, thirty days after the date of service. § 733.702 . . .
. . . Therefore, Robert preserved any claim on the property by properly asserting same within the time frame in 733.702 . . .
. . . .” § 733.702(1) & (3), Fla. Stat. (2000). . . . Waiver is not a permissible ground for extension of time under section 733.702(3). . . .
. . . See § 733.702(1), Fla. Stat. (2001). . . . .
. . . See § 733.702, Florida Statutes (2001); Spohr v. Berryman, 589 So.2d 225 (Fla.1991). . . .
. . . . § 733.702. . . . serving at the time of or as a result of the settlor’s death within the time periods set forth in s. 733.702 . . .
. . . . § 733.702, Fla. Stat. Limitations on presentation of claims. § 733.705, Fla. Stat. . . . However, no opinion is offered whether such claims are barred by the provisions of section 733.702, Florida . . . Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 and 733.702 . . . Notice to creditors; filing of claims. § 733.702, Fla. Stat. . . . Notice to creditors; filing of claims. § 733.702, Fla. Stat. . . .
. . . A creditor who fails to file its claim within the applicable period set forth in section 733.702(1), . . . Section 733.702(3), Florida Statutes (2000), provides that the extension may be granted only upon the . . . Section 733.702(1), Florida Statutes (2000), provides in pertinent part: [N]o claim or demand against . . .
. . . defense that would excuse a claim that was untimely under the statute of limitations contained at section 733.702 . . .
. . . Pursuant to section 733.702(1), Florida Statutes (1995), creditors had three months after the time of . . .
. . . Estate of Read, 493 So.2d 447, 449 (Fla.1986) ("[J]ustice requires us to hold that section 733.702 is . . .
. . . the probate case, Thompson argues that Hodson’s claim against the estate was time-barred by sections 733.702 . . . This motion argued that Hodson’s claim against the estate was time-barred by sections 733.702 and 733.710 . . . that Hodson’s statement of claim concerning fees and costs was not timely filed according to sections 733.702 . . .
. . . However, no opinion is offered whether such claims are barred by the provisions of section 733.702, Florida . . . Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 and 733.702 . . . Trust companies and other corporations and associations. § 733.702,-Fla — Stat. . . . Notice to creditors; filing of claims. § 733.702, Fla. Stat. . . .
. . . payments, taxes, insurance, maintenance, and repairs and are not subject to the provisions of sections 733.702 . . . Compton, 662 So.2d 722 (Fla. 1st DCA 1995); §§ 733.702 and 733.710, Fla. Stat. . . .
. . . See §§ 733.702(1), 733.705(2), Fla. Stat. (1999). . . .
. . . Estate of Read, 493 So.2d 447, 449 (Fla.1986) ("[J]ustice requires us to hold that section 733.702 is . . .
. . . The question is as follows: WHETHER SECTION 733.702 AND SECTION 733.710 OF THE FLORIDA STATUTES CONSIDERED . . . In its response, the Florida Supreme Court held that: (1) section 733.702(3), Florida Statutes (1991) . . . period set forth in section 733.710,” but “did not satisfy the limitation period set forth in section 733.702 . . . Supreme Court’s opinion “raises the possibility that Prockup can demonstrate compliance with section 733.702 . . .
. . . Defendants seek summary judgment based on Florida Statutes, § 733.702, which Defendants argue bars the . . . The Government asserts that as the sovereign it is not subject to the limitations period set out in § 733.702 . . . Section 733.702 bars any claims made outside the time frame. . . . Defendants argue that § 733.702 bars the Government’s claim for unpaid taxes because the Government did . . . The Government does not argue that it made its claim within the three month time frame set out in § 733.702 . . .
. . . Although the amended claim was filed outside the three month statutory filing period, see § 733.702, . . .
. . . See § 733.702(3), Fla. Stat. (1999). . . .
. . . SECTION 733.702 Section 733.702, Florida Statutes (1991), sets forth in pertinent part: (1)If not barred . . . section 733.702 “is a statute of limitations.” . . . See § 733.702(3), Fla. Stat. (1991). . . . See § 733.702(4)(b), Fla. . . . See § 733.702(4)(b), Fla. Stat. (1991); Pezzi v. . . .
. . . . § 733.702(1), Fla. Stat. (1995). . . . . § 733.702(3); American & Foreign Ins. Co. v. Dimson, 645 So.2d 45, 48 (Fla. 4th DCA 1994). . . .
. . . See §§ 733.702, 733.703, 733.710, Fla. Stat. (1991). . . . See § 733.702(4)(b), Fla Stat. (1991); Pezzi v. . . . May’s first two arguments are foreclosed, at least as to section 733.702. . . . See § 733.702(3), Fla. Stat.(1991). . . . The home argued that section 733.702 was a statute of limitations, so that any claim filed beyond the . . .
. . . of its lien against the estate of Kevin Johnson a/k/a Robert Watson (“estate”) pursuant to section 733.702 . . . estate, we conclude that it was nevertheless a timely creditor’s claim also for purposes of section 733.702 . . . Specifically, this statute provides in relevant part that: 733.702 Limitations on presentation of claims . . . AHCA argues that the trial court erred because section 733.702 is a statute of limitations and thus, . . . Ill AHCA maintains that section 733.702 is a statute of limitations and thus, an affirmative defense . . . Secondly, it is true that section 733.702 does not direct a creditor to the proper court in which to . . . This is because section 733.702(5) expressly prohibits any court from granting an extension of the time . . . Section 733.702 contains other provisions which, if complied with, reduce the time period for the filing . . . In a word, that is because sections 733.702(4)(a) and 733.710(3) exclude a “security interest, or other . . .
. . . that Notice of Administration is published this date, triggering the 3-month claims period under § 733.702 . . . her estate to timely file a claim against the estate to recoup the monies expended on her behalf. § 733.702 . . . grants an extension upon the grounds of fraud, estoppel or insufficient notice of the claims period. § 733.702 . . . Subsection 733.702(1) provides in pertinent part: (1) If not barred by s. 733.710, no claim or demand . . .
. . . opposed the motion arguing that M.R. was required to file a claim in the probate division under section 733.702 . . . In addition, the trial court ruled that if M.R. did comply with section 733.702 and her claim was rejected . . . Section 733.702 stales that no claim "is binding on the estate, on the personal representative, or on . . . Id. § 733.702(1). .After the court's denial of substitution, M.R. filed a claim in the probate division . . .
. . . Stat. section 733.702 (1995). U.S. Borax, Inc. . . . on May 15, 1997, along with a petition for extension of time to file its claim pursuant to sections 733.702 . . . is preempted by CERCLA’s three-year statute of limitations, and that barring its claim under section 733.702 . . . The court ruled that CERC-LA does not preempt section 733.702, Florida Statutes (1995). . . . interference with administration of the Estate did not constitute grounds for an extension under section 733.702 . . .
. . . However, this distinction has no import in the present context under section 733.702(4)(d), Florida Statutes . . . recovery, up to the amount of the estate’s recovery in the action below, is permitted under section 733.702 . . .
. . . See section 733.702(2), Florida Statutes (1995). BOOTH, JOANOS and VAN NORTWICK, JJ., concur. . . .
. . . Section 733.702(1), Florida Statutes (1989), provides that a claim or demand against an estate that arose . . .
. . . dismissal was: The court finds that the Plaintiffs failure to timely comply with the claim provision of § 733.702 . . .
. . . proceeding affecting the expenses of the administration of the estate, or any claims described in Sec. 733.702 . . .
. . . his negligence claim against Homer based on the two-year statute of limitations provided in sections 733.702 . . .
. . . The final summary judgment was based on plaintiffs’ failure to comply with sections 733.702 and 733.710 . . . Sections 733.702 and 733.710 are part of Chapter 733, Florida’s probate code. . . . Section 733.702 operates as a statute of limitations for claims made against an estate. . . . Subsection 733.702(1) requires all claims against an estate to be filed within three months after the . . . Subsection 733.702(2) provides that no cause of action “shall survive the death of the person against . . .
. . . obligation under the sales agreement was a claim barred by the limitation periods set forth in sections 733.702 . . . The first three addressed the effect of sections 733.702 and 733.710, Florida Statutes. . . .
. . . . § 733.702(1), Fla. Stat. (1995). . . . . § 733.702(3); American & Foreign Ins. Co. v. Dimson, 645 So.2d 45 (Fla. 4th DCA 1994). . . . Florida Statute § 733.702(3) states that: Any claim not timely filed as provided in this section is barred . . .
. . . However, no opinion is offered whether such claims are barred by the provisions of section 733.702, Florida . . . Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 and 733.702 . . . Trust companies and other corporations and associations. § 733.702, Fla.Stat. . . .
. . . Also found in part VII is section 733.702, Florida Statutes (1991). . . . The introductory adverbial phrase in section 733.702(1), “[i]f not barred by s. 733.710,” means that . . . the 2-year period of section 733.710 is paramount over the limitations period in section 733.702(1). . . . We also take note of section 733.702(3), which states that: “[a]ny claim not timely filed as provided . . . It was not always true about section 733.702 that it was merely an ordinary limitations period. . . .
. . . See §§ 733.702 & .710(1), Fla.Stat. (1989). . . .
. . . of limitations or otherwise argued to the federal court that the claim did not survive under section 733.702 . . . It was not accompanied by a motion to extend time under section 733.702(3), Florida Statutes (1989). . . . rehearing, which was also a motion for extension of time to file the 1993 claim pursuant to section 733.702 . . . Nevertheless, the Paynes are seeking an extension not only beyond the period authorized in section 733.702 . . . Section 733.702(3) permits an extension only upon grounds of fraud, estoppel, or insufficient notice . . .
. . . The requirements of section 733.702(3) have not been satisfied. . . . See § 733.702(3), Fla.Stat. (1993); Rinker Materials Corp. v. Palmer First Nat'l. . . .
. . . in this section. (2) This section shall not apply to a creditor who has filed a claim pursuant to s. 733.702 . . . The point is demonstrated by the cases construing section 733.702, the analogous statute concerning the . . . creditor would lose the right to assert these potentially valid claims were we to hold that section 733.702 . . .
. . . Under section 733.702(1), Florida Statutes (1993), no claim or demand against a decedent’s estate is . . . Under section 733.702(3), Florida Statutes (1993), the only grounds constituting exceptions to late filing . . .
. . . Pope, 485 U.S. 478, 108 S.Ct. 1340, 99 L.Ed.2d 565 (1988), held that section 733.702, Florida Statutes . . . the probate court erred (1) in misconstruing this court’s holding in Thames by finding that section 733.702 . . . Jackson, 598 So.2d 121 (Fla. 1st DCA 1992), held that section 733.702 was unconstitutional. . . . 733.702 was unconstitutional and could not operate as a bar to appellees’ claim. . . . Appellants argue that the probate court misconstrued the holding of Thames, since section 733.702 is . . .
. . . failed to file a claim against the estate of the payor of the note within the time permitted by section 733.702 . . . Section 733.702(4) excludes proceedings to enforce hens and mortgages from the operation of the non-claims . . .
. . . However, regardless of whether or not the claimants had actual notice, section 733.702(1), Florida Statutes . . .
. . . Because Cisek died in May of 1987, sections 733.702(1) and (2), Florida Statutes (1985), are the applicable . . . Section 733.702(l)(a) states that no claim against an estate, which arose prior to the decedent’s death . . . then all claims not presented within three years after the decedent’s death are barred under section 733.702 . . . Furthermore, section 733.702(2), Florida Statutes (1985), provides: No cause of action heretofore or . . .
. . . Section 733.702(1), Florida Statutes (1987), which was applicable at the time, required claims against . . .
. . . See § 733.702, Fla.Stat. (1989). . . . Until 1986, section 733.702 was considered a statute of limitations; in that year, however, the legislature . . .
. . . court entered summary judgment finding that Dorothy’s claims were barred by the provisions of section 733.702 . . .
. . . additionally claim that any action for damages against Donoyan’s individual estate is barred by Section 733.702 . . . However, section 733.702(l)(b) authorizes the maintenance of such actions if filed within three years . . .
. . . Committee Notes, “The right to petition for an extension of time to file a claim is set forth in section 733.702 . . . claim may be filed “upon grounds of fraud, estoppel, or insufficient notice of the claims period.” § 733.702 . . .
. . . Sec. 733.702 F.S. provides that a claim against a decedent is barred unless a statement of claim is filed . . . Court has the authority to extend the time for filing claims past the bar date in accordance with Sec. 733.702 . . . limitations, section 95.11, Fla.Stat., which is further limited by the specific provisions of section 733.702 . . . 95.11(3)(i) and (j), [the action] is barred by her failure to file a claim ... as required by section 733.702 . . .
. . . Notifying creditors. ⅜§⅛ 733.702, Fla.Stat. Limitations on presentation of claims. . . . However, no opinion is offered whether such claims are barred by the provisions of section 733.702, Florida . . . Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 and 733.702 . . . Trust companies and other corporations and associations. § 733.702, Fla.Stat. . . . Notice of ad-objections and 733.702, Fla.Stat. presentation of claims. . . .
. . . basis that the Plaintiffs have failed to timely file a claim against the Estate under Florida Statute § 733.702 . . . parties has not yet started to run; and (2) that Plaintiffs’ claims are not barred under Fla.Stat. § 733.702 . . . Fla.Stat. § 733.702 (West 1991) provides that no claims against the decedent’s estate that arose before . . .
. . . publication of the first notice of administration, was sufficient to satisfy the provisions of section 733.702 . . . the filing of a civil lawsuit within the nonclaim period does not constitute compliance with section 733.702 . . .
. . . At issue in this appeal is the continued viability of section 733.702(1)(a), Florida Statutes (1985), . . . Section 733.702(1)(a), Florida Statutes (1985), provides that no claim against an estate, which arose . . . Our holding that section 733.702 is a statute of limitations confirms the fact that estates and creditors . . . As noted above, section 733.702, Florida Statutes (1985), provided that no claim against an estate would . . . Fraud and estoppel were made exceptions to the time requirement found in section 733.702 by Chaper 88 . . .
. . . Vernon’s estate within the time parameters set out in section 733.702, Florida Statutes (1989), and when . . . In the case at bar the trial court should have applied the bar from section 733.702, Florida Statutes . . . The case is remanded and the trial judge is instructed to apply the provisions of section 733.702, Florida . . .
. . . the time of decedent’s death in 1985, until 1988, when it was amended, the claims statute, section 733.702 . . . The trial judge also was apparently under the impression that section 733.702(3), Florida Statutes (1989 . . .
. . . that the claim, which arose during the administration of the estate, is time barred by either section 733.702 . . . Section 733.702, in its terms, applies to claims that arose before the death of the decedent and does . . .
. . . Under section 733.702, Florida Statutes (1985), this meant that claims against the estate had to be filed . . . The court reasoned that section 733.702 was only applicable to claims which arose before the death of . . . Section 733.702, Florida Statutes (1985), reads in pertinent part: (1) No claim or demand against the . . . The non-claim statute, section 733.702, includes claims “whether due or not, direct or contingent, or . . . See F.S. 733.702(2). . . . I agree with the majority that the purpose of sections 733.212 and 733.702, Florida Statutes (1985), . . . The pertinent provisions of section 733.-702, Florida Statutes (1985), read as follows: 733.702 Limitations . . . court that has jurisdiction of the probate proceeding, within the statutory period permitted by section 733.702 . . . , satisfies the filing requirements of sections 733.212 and 733.702. . . . , Florida Statutes (1985), was in accordance with the provisions of section 733.702, Florida Statutes . . .
. . . However, no opinion is offered whether such claims are barred by the provisions of section 733.702, Florida . . . Revision: Subdivision (a) modified to make it consistent with recent changes to sections 733.212 and 733.702 . . . Trust companies and other corporations and associations. § 733.702, Fla.Stat. . . . 1991 Revision: The right to petition for an extension of time to file a claim is set forth in section 733.702 . . .
. . . There, the court addressed an Oklahoma probate statute which, similar to section 733.702, Florida Statutes . . . for the filing of claims by estate creditors who have missed the filing deadline imposed by section 733.702 . . . The section 733.702, Florida Statutes (1987), three-month period within which estate creditors could . . . by moving to strike the claim, because it had not been filed within the time prescribed by section 733.702 . . . contemplated that substantially more creditors who have missed the filing deadline imposed by F.S. 733.702 . . . Section 733.702, Florida Statutes, is thus invalid as a basis for terminating the claim of a known creditor . . . However, no opinion is offered whether such claims are barred by the provisions of F.S. 733.702. . . . On the date the amended rule became effective, the time for filing under Section 733.702, Florida Statutes . . .
. . . Section 733.702(1), Florida Statutes (1988) specifically provides that no claim or demand against a decedent . . . Section 733.702(3) provides that any claim not timely filed as required by section 733.702 is forever . . .
. . . which states that all claims against the estate must be filed “within the time periods set forth in ss. 733.702 . . .
. . . months from the date of the first publication of the notice of administration, as required by Section 733.702 . . . Thus, any claim filed beyond the time set forth in section 733.702 is barred only if the statute of limitations . . . We note, however, that the 1988 amendment added one significant change to section 733.702. . . . See also the 1988 amendments to chapter 733, particularly section 733.702(3), discussed supra at n. 1 . . .
. . . .-11(3)(f), 733.702, Fla.Stat. (1987). . . .
. . . See § 733.702(3)(a), Fla. Stat. (1987). . . .
. . . . § 733.702, Fla. Stat. (1987). . . . The trial court, in a two-step process, concluded section 733.702 was applicable and the filing of the . . . Section 733.702 (1987) requires that claimants, whose claims arose before the death of the decedent, . . . involving contracts entered into prior to death, were barred by section 733.16, the predecessor of section 733.702 . . .
. . . The period for filing claims in the estate under Florida Statutes § 733.702, expired on November 11, . . . were not timely filed and were, therefore, barred pursuant to the provisions of Florida Statutes § 733.702 . . . months from the date of the first publication of the notice of administration to present a claim. § 733.702 . . .
. . . Section 733.702(l)(a), Florida Statutes (1987) reads in relevant part: (1) No claim or demand against . . . Pope places the constitutionality of section 733.702 in doubt. . . .