Florida Statutes

Fla. Stat. § 733.704 (2025)

Amendment of claims.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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733.704 Amendment of claims.If a bona fide attempt to file a claim is made but the claim is defective as to form, the court may permit the amendment of the claim at any time.
History.s. 1, ch. 74-106; s. 1, ch. 77-174; s. 148, ch. 2001-226.
Note.Created from former s. 733.17.
Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 1981–2021 · leading case: May v. Illinois Nat. Ins. Co., 771 So. 2d 1143 (Fla. 2000).
May v. Illinois Nat. Ins. Co., 771 So. 2d 1143 (Fla. 2000). · cites it 4× “See § 733.704, Fla. Stat. (1991) ("If a bona fide attempt to file a claim is made by a creditor but the claim is defective as to form, the court may permit the amendment of the claim at any time.”
Amendments to the Florida Prob. Rules, 848 So. 2d 1069 (Fla. 2003). · cites it 8× “§ 733.704, Fla. Stat. Amendment of claims.”
Florida Bar, 537 So. 2d 500 (Fla. 1988). · cites it 3× “F.S. 733.704 Amendment of claims. F.S. 733.”
Midflorida Schs. Fed. Credit U. v. Fansler, 404 So. 2d 1178 (Fla. 2d DCA 1981). · cites it 2× “Section 733.704, Florida Statutes, further provides that when a bona fide attempt to file a claim is made, but the claim is defective, the court may permit the amendment of the claim at any time.”
In Re Amendments to the Florida Prob. Rules, 584 So. 2d 964 (Fla. 1991). · cites it 2× “§ 733.704, Fla. Stat. Amendment of claims.”
Baillargeon v. Sewell, 33 So. 3d 130 (Fla. 2d DCA 2010). · cites it 2× “Similarly, section 733.704 provides: “If a bona fide attempt to file a claim is made but the claim is defective as to form, the court may permit the amendment of the claim at any time.”
Notar v. State Farm Mut. Auto. Ins. Co., 438 So. 2d 531 (Fla. 2d DCA 1983). · cites it 2× “§ 733.704, Fla. Stat. (1981). We believe Notar's motion, filed within three years after Dombrowsky's death, stated the basis of her claim sufficiently to satisfy the foregoing statutory requirements.”
Florida Bar re Amendment to Rules, 458 So. 2d 1079 (Fla. 1984). “F.S. 733.704 Amendment of claims. F.S. 733.”
Est. of Shearer v. Agency for Health Care, 737 So. 2d 1229 (Fla. 5th DCA 1999). “[2] Medicaid blames its belated amendment on the fact that its original claim was based on computer records which covered only the last 18 months of the decedent's life; for the remainder of its claim, Medicaid had to go through the tedious process of manually researching…”
In re Amendments to the Florida Prob. Rules, 607 So. 2d 1306 (Fla. 1992). · cites it 6× “§ 733.704, Fla.Stat. Amendment of claims.”
Vazquez v. Byrski, 993 So. 2d 983 (Fla. 2d DCA 2007). · cites it 2× “See § 733.704, Fla. Stat. (1991) (“If a bona fide attempt to file a claim is made by a creditor but the claim is defective as to form, the court may permit the amendment of the claim at any time.”
In Re Amendments to the Florida Prob. Rules, 959 So. 2d 1170 (Fla. 2007). · cites it 2× “Subdivision (e) added to implement the procedure found in section 733.704, Florida Statutes. Editorial changes.”
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