Cases from cite.case.law:

JOHNSON, v. TOWNSEND,, 259 So. 3d 851 (Fla. App. Ct. 2018)

. . . 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 . . .

LERMA- FUSCO a k a a k a v. SMITH,, 220 So. 3d 562 (Fla. Dist. Ct. App. 2017)

. . . See § 733.702(1), Fla. Stat. (2015). . . . See id.; § 733.702(3). . . .

IN RE ESTATE OF ARROYO, Jr. a a v. INFINITY INDEMNITY INSURANCE COMPANY, a, 211 So. 3d 240 (Fla. Dist. Ct. App. 2017)

. . . .” § 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 . . .

UNITED BANK, v. ESTATE OF G. FRAZEE,, 197 So. 3d 1190 (Fla. Dist. Ct. App. 2016)

. . . . § 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 . . .

J. RICHARD C. v. J. RICHARD,, 193 So. 3d 964 (Fla. Dist. Ct. App. 2016)

. . . Under section 733.702(1), Florida Statutes (2015) “no claim or demand against the decedent’s estate that . . .

SORIANO, v. In ESTATE OF F. MANES,, 177 So. 3d 677 (Fla. Dist. Ct. App. 2015)

. . . . § 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 . . .

JONES, v. I. GOLDEN,, 176 So. 3d 242 (Fla. 2015)

. . . 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. . . .

SOUDER, v. MALONE,, 143 So. 3d 486 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

I. GOLDEN v. JONES,, 126 So. 3d 390 (Fla. Dist. Ct. App. 2013)

. . . 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). . . .

JOSEPH, v. In JOSEPH,, 83 So. 3d 965 (Fla. Dist. Ct. App. 2012)

. . . been extinguished, or at least reduced, by virtue of (a) the probate statutes of non-claim, sections 733.702 . . .

L. LUBEE, v. ADAMS, B. B., 77 So. 3d 882 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

R. KING, v. KING,, 67 So. 3d 387 (Fla. Dist. Ct. App. 2011)

. . . See § 733.702(1), Fla. Stat. . . .

BOSTON INVESTORS GROUP, INC. v. SPATZ,, 43 So. 3d 149 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

BAILLARGEON, D v. SEWELL, 33 So. 3d 130 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

F. GRAINGER, v. B. WALD, Jr., 29 So. 3d 1155 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

R. MORGENTHAU, v. ESTATE OF M. ANDZEL, 26 So. 3d 628 (Fla. Dist. Ct. App. 2009)

. . . 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. . . .

MACK v. C. PERRI, M. D., 24 So. 3d 697 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

COPELAND, F. v. R. BUSWELL, 20 So. 3d 867 (Fla. Dist. Ct. App. 2009)

. . . Tampa General filed a lien in the probate case, pursuant to section 733.702, to preserve its rights against . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . § 733.702, Fla. Stat. Limitations on presentation of claims. § 733.705, Fla. Stat. . . .

B. WHEELER, v. POWERS,, 972 So. 2d 285 (Fla. Dist. Ct. App. 2008)

. . . expenses of the administration and obligations of a decedent’s estate, or any claims described in s. 733.702 . . .

In ESTATE OF J. KOSHUBA, J. v. A. J., 993 So. 2d 983 (Fla. Dist. Ct. App. 2007)

. . . 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. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 964 So. 2d 140 (Fla. 2007)

. . . 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 . . .

F. HAYES, Jr. v. GUARDIANSHIP OF E. THOMPSON,, 952 So. 2d 498 (Fla. 2006)

. . . expenses of the administration and obligations of the decedent’s estate, or any claims described in s. 733.702 . . .

BUSH Jo v. WEBB, In Re Jo, 939 So. 2d 215 (Fla. Dist. Ct. App. 2006)

. . . in this section. (2) This section shall not apply to a creditor who has filed a claim pursuant to s. 733.702 . . .

FAERBER, A. Jr. A. Jr. v. D. G., 928 So. 2d 517 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

R. SIMPSON L. v. ESTATE OF H. SIMPSON, Jr., 922 So. 2d 1027 (Fla. Dist. Ct. App. 2006)

. . . . § 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 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

. . . . § 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. . . .

INTERIM HEALTHCARE OF NORTHWEST FLORIDA, INC. v. ESTATE OF M. RIES,, 910 So. 2d 329 (Fla. Dist. Ct. App. 2005)

. . . See § 733.702(1), (3), Fla. . . .

SCOTT, v. REYES,, 913 So. 2d 13 (Fla. Dist. Ct. App. 2005)

. . . 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. . . .

LONGMIRE, v. ESTATE OF RUFFIN,, 909 So. 2d 443 (Fla. Dist. Ct. App. 2005)

. . . 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 . . .

COBA, v. CRAIG, As R., 881 So. 2d 733 (Fla. Dist. Ct. App. 2004)

. . . Therefore, Robert preserved any claim on the property by properly asserting same within the time frame in 733.702 . . .

CASTRO, Sr. L. v. EAST PASS ENTERPRISES, INC., 881 So. 2d 699 (Fla. Dist. Ct. App. 2004)

. . . .” § 733.702(1) & (3), Fla. Stat. (2000). . . . Waiver is not a permissible ground for extension of time under section 733.702(3). . . .

DELGADO, v. ESTATE OF GARRIGA,, 870 So. 2d 912 (Fla. Dist. Ct. App. 2004)

. . . See § 733.702(1), Fla. Stat. (2001). . . . .

LENT, v. ESTATE OF G. LENT,, 875 So. 2d 659 (Fla. Dist. Ct. App. 2004)

. . . See § 733.702, Florida Statutes (2001); Spohr v. Berryman, 589 So.2d 225 (Fla.1991). . . .

BECKLUND, v. M. FLEMING, J., 869 So. 2d 1 (Fla. Dist. Ct. App. 2003)

. . . . § 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 . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . . § 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. . . .

B. STRULOWITZ, v. CADLE COMPANY, II, INC., 839 So. 2d 876 (Fla. Dist. Ct. App. 2003)

. . . 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 . . .

RYAN, IV, E. v. LOBO DE GONZALEZ, 841 So. 2d 510 (Fla. Dist. Ct. App. 2003)

. . . defense that would excuse a claim that was untimely under the statute of limitations contained at section 733.702 . . .

MILLER, v. ESTATE OF BAER, FSB,, 837 So. 2d 448 (Fla. Dist. Ct. App. 2002)

. . . Pursuant to section 733.702(1), Florida Statutes (1995), creditors had three months after the time of . . .

FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. S. A. P., 835 So. 2d 1091 (Fla. 2002)

. . . Estate of Read, 493 So.2d 447, 449 (Fla.1986) ("[J]ustice requires us to hold that section 733.702 is . . .

C. THOMPSON, C. v. K. HODSON, M. D. K. M. D. P. A. K. M. D. v. C. C. K. M. D. v., 825 So. 2d 941 (Fla. Dist. Ct. App. 2002)

. . . 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 . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 824 So. 2d 849 (Fla. 2002)

. . . 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. . . .

F. LANGFORD, Jr. v. FERRERA, E. v. E. v., 823 So. 2d 795 (Fla. Dist. Ct. App. 2001)

. . . 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. . . .

In ESTATE OF M. ELLIOTT, M. v., 798 So. 2d 13 (Fla. Dist. Ct. App. 2001)

. . . See §§ 733.702(1), 733.705(2), Fla. Stat. (1999). . . .

MAJOR LEAGUE BASEBALL, v. L. MORSANI,, 790 So. 2d 1071 (Fla. 2001)

. . . Estate of Read, 493 So.2d 447, 449 (Fla.1986) ("[J]ustice requires us to hold that section 733.702 is . . .

R. MAY, Ad T. v. ILLINOIS NATIONAL INSURANCE COMPANY,, 245 F.3d 1281 (11th Cir. 2001)

. . . 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 . . .

UNITED STATES v. STEVENSON, J. J., 159 F. Supp. 2d 1371 (M.D. Fla. 2001)

. . . 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 . . .

E. HARRISON, v. In ESTATE OF SWEENEY, Jr., 777 So. 2d 1150 (Fla. Dist. Ct. App. 2001)

. . . Although the amended claim was filed outside the three month statutory filing period, see § 733.702, . . .

L. FOSTER, III, K. v. CIANCI,, 773 So. 2d 1181 (Fla. Dist. Ct. App. 2000)

. . . See § 733.702(3), Fla. Stat. (1999). . . .

R. MAY, Ad T. v. ILLINOIS NATIONAL INSURANCE COMPANY,, 771 So. 2d 1143 (Fla. 2000)

. . . 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. . . .

In ESTATE OF ORTOLANO, v. O. O. Co-, 766 So. 2d 330 (Fla. Dist. Ct. App. 2000)

. . . . § 733.702(1), Fla. Stat. (1995). . . . . § 733.702(3); American & Foreign Ins. Co. v. Dimson, 645 So.2d 45, 48 (Fla. 4th DCA 1994). . . .

R. MAY, Ad T. v. ILLINOIS NATIONAL INSURANCE COMPANY,, 190 F.3d 1200 (11th Cir. 1999)

. . . 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 . . .

AGENCY FOR HEALTH CARE ADMINISTRATION, v. In ESTATE OF JOHNSON a k a, 743 So. 2d 83 (Fla. Dist. Ct. App. 1999)

. . . 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 . . .

ESTATE OF SHEARER, By SHEARER, v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 737 So. 2d 1229 (Fla. Dist. Ct. App. 1999)

. . . 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 . . .

M. R. R. R. v. A. B. C. J. M. A. B. C., 739 So. 2d 118 (Fla. Dist. Ct. App. 1999)

. . . 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 . . .

U. S. BORAX, INC. v. FORSTER, As F. Sr., 764 So. 2d 24 (Fla. Dist. Ct. App. 1999)

. . . 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 . . .

M. BROWN, v. T. BROWN, n k a T., 732 So. 2d 1169 (Fla. Dist. Ct. App. 1999)

. . . 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 . . .

NESSMITH v. ARNOLD Co. Pa., 723 So. 2d 333 (Fla. Dist. Ct. App. 1998)

. . . See section 733.702(2), Florida Statutes (1995). BOOTH, JOANOS and VAN NORTWICK, JJ., concur. . . .

HOGAN, v. HOWARD,, 716 So. 2d 286 (Fla. Dist. Ct. App. 1998)

. . . Section 733.702(1), Florida Statutes (1989), provides that a claim or demand against an estate that arose . . .

D. PRESCOTT, v. F. STANLEY,, 710 So. 2d 674 (Fla. Dist. Ct. App. 1998)

. . . dismissal was: The court finds that the Plaintiffs failure to timely comply with the claim provision of § 733.702 . . .

BANK, NATURE COAST, v. GUARDIANSHIP OF NICHOLS,, 701 So. 2d 107 (Fla. Dist. Ct. App. 1997)

. . . proceeding affecting the expenses of the administration of the estate, or any claims described in Sec. 733.702 . . .

L. BUETTNER, v. CELLULAR ONE, INC. a n k a Of a Of a, 700 So. 2d 48 (Fla. Dist. Ct. App. 1997)

. . . his negligence claim against Homer based on the two-year statute of limitations provided in sections 733.702 . . .

PEZZI v. BROWN, Jr. Co. a, 697 So. 2d 883 (Fla. Dist. Ct. App. 1997)

. . . 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 . . .

In ESTATE OF V. RAIS, K. KIVISTO, V. v. NATIONSCREDIT CORPORATION f k a C S, 691 So. 2d 1200 (Fla. Dist. Ct. App. 1997)

. . . 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. . . .

U. S. TRUST COMPANY OF FLORIDA SAVINGS BANK, J. v. M. HAIG, Jr., 694 So. 2d 769 (Fla. Dist. Ct. App. 1997)

. . . . § 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 . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 683 So. 2d 78 (Fla. 1996)

. . . 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. . . .

COMERICA BANK TRUST, F. S. B. v. SDI OPERATING PARTNERS, L. P. a, 673 So. 2d 163 (Fla. Dist. Ct. App. 1996)

. . . 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. . . .

SWENSZKOWSKI, v. COMPTON,, 662 So. 2d 722 (Fla. Dist. Ct. App. 1995)

. . . See §§ 733.702 & .710(1), Fla.Stat. (1989). . . .

M. PAYNE, A. S. J. M. M. v. B. STALLEY, M., 672 So. 2d 822 (Fla. Dist. Ct. App. 1995)

. . . 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 . . .

C. OHL E. P. v. F. J. MOLONEY,, 658 So. 2d 1256 (Fla. Dist. Ct. App. 1995)

. . . 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. . . .

BAPTIST HOSPITAL OF MIAMI, INC. v. C. CARTER, 658 So. 2d 560 (Fla. Dist. Ct. App. 1995)

. . . 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 . . .

AMERICAN FOREIGN INSURANCE COMPANY, v. DIMSON,, 645 So. 2d 45 (Fla. Dist. Ct. App. 1994)

. . . 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 . . .

In ESTATE OF L. DANESE,, 641 So. 2d 423 (Fla. Dist. Ct. App. 1994)

. . . 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 . . .

DENTON, v. B. GETSON, B. P. A. a a, 637 So. 2d 82 (Fla. Dist. Ct. App. 1994)

. . . 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 . . .

In ESTATE OF PUZZO, PUZZO v. In ESTATE OF PUZZO,, 637 So. 2d 26 (Fla. Dist. Ct. App. 1994)

. . . However, regardless of whether or not the claimants had actual notice, section 733.702(1), Florida Statutes . . .

WINEGAR, v. ESTATE OF CISEK,, 632 So. 2d 189 (Fla. Dist. Ct. App. 1994)

. . . 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 . . .

In ESTATE OF GLEASON a k a E. RAINE, v. GLEASON, a k a, 631 So. 2d 321 (Fla. Dist. Ct. App. 1994)

. . . Section 733.702(1), Florida Statutes (1987), which was applicable at the time, required claims against . . .

WYLIE v. INVESTMENT MANAGEMENT AND RESEARCH INC. A., 629 So. 2d 898 (Fla. Dist. Ct. App. 1993)

. . . See § 733.702, Fla.Stat. (1989). . . . Until 1986, section 733.702 was considered a statute of limitations; in that year, however, the legislature . . .

G. GARTLEY, v. B. GARTLEY,, 622 So. 2d 77 (Fla. Dist. Ct. App. 1993)

. . . court entered summary judgment finding that Dorothy’s claims were barred by the provisions of section 733.702 . . .

MONEYHUN, v. VITAL INDUSTRIES, INC. a a, 611 So. 2d 1316 (Fla. Dist. Ct. App. 1993)

. . . 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 . . .

BURGIS, v. J. BURGIS, L. a k a P., 611 So. 2d 594 (Fla. Dist. Ct. App. 1993)

. . . 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 . . .

A. JONES, v. SUN BANK MIAMI, N. A. F. Co- E., 609 So. 2d 98 (Fla. Dist. Ct. App. 1992)

. . . 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 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . 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. . . .

LAKE LUCERNE CIVIC ASS N, INC. v. DOLPHIN STADIUM CORP. a, 801 F. Supp. 684 (S.D. Fla. 1992)

. . . 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 . . .

In ESTATE OF L. DANESE,, 601 So. 2d 570 (Fla. Dist. Ct. App. 1992)

. . . 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 . . .

S. THAMES, v. P. JACKSON, E. Jr., 598 So. 2d 121 (Fla. Dist. Ct. App. 1992)

. . . 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 . . .

ESTATE OF VERNON, v. SHEARSON, LEHMAN BROTHERS, INC., 587 So. 2d 1169 (Fla. Dist. Ct. App. 1991)

. . . 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 . . .

HCA NEW PORT RICHEY HOSPITAL, v. ESTATE OF M. BOSCHELLI,, 588 So. 2d 1012 (Fla. Dist. Ct. App. 1991)

. . . 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 . . .

ESTATE OF McKINNEY, v. M. SOFKA,, 585 So. 2d 1201 (Fla. Dist. Ct. App. 1991)

. . . 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 . . .

W. SPOHR, v. C. BERRYMAN,, 589 So. 2d 225 (Fla. 1991)

. . . 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 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 584 So. 2d 964 (Fla. 1991)

. . . 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 . . .

In HILL, M. HILL, v. HCA HEALTH SERVICES OF FLORIDA, INC. d b a HCA, 582 So. 2d 701 (Fla. Dist. Ct. App. 1991)

. . . 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 . . .

S. CARLTON C. v. B. CARLTON R. Co- T. Jr., 575 So. 2d 239 (Fla. Dist. Ct. App. 1991)

. . . 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 . . .

MARKHAM, v. W. MORIARTY,, 575 So. 2d 1307 (Fla. Dist. Ct. App. 1991)

. . . which states that all claims against the estate must be filed “within the time periods set forth in ss. 733.702 . . .

In ESTATE OF PARSON. JAMES N. DAVIS FUNERAL HOME, INC. v. McCLENDON,, 570 So. 2d 1125 (Fla. Dist. Ct. App. 1990)

. . . 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 . . .

CADWALADER, WICKERSHAM TAFT, v. N. MILLER,, 569 So. 2d 522 (Fla. Dist. Ct. App. 1990)

. . . .-11(3)(f), 733.702, Fla.Stat. (1987). . . .

MARTINEZ, v. KENNEDY REAL ESTATE OF LABELLE, INC. PENSION TRUST,, 565 So. 2d 399 (Fla. Dist. Ct. App. 1990)

. . . See § 733.702(3)(a), Fla. Stat. (1987). . . .

M. SPOHR, E. Jr. A. v. C. BERRYMAN, E. W., 564 So. 2d 241 (Fla. Dist. Ct. App. 1990)

. . . . § 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 . . .

In ESTATE OF V. VICKERY,, 564 So. 2d 555 (Fla. Dist. Ct. App. 1990)

. . . 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 . . .

In ESTATE OF H. BARNETT,, 549 So. 2d 1166 (Fla. Dist. Ct. App. 1989)

. . . 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. . . .