CopyCited 34 times | Published | Supreme Court of Florida | 2000 WL 1707159
...[10] This is so because *1154 the non-waiver provision contained in section
733.702(3) is, by its own terms, limited to the probate context. See §
733.702(3), Fla. Stat. (1991). Such waiver in a separate action does not necessarily render a judgment obtained in that action recoverable from an estate, however, because section
733.706, Florida Statutes (1991), provides: Except upon approval by the court, no execution or other process shall issue on or be levied against property of the estate....
...nd fixing a time for their presentation to the court furnishes the exclusive remedy for the collection of such claims."). As correctly determined by the Second District Court of Appeal in Hogan v. Howard,
716 So.2d 286, 288 (Fla. 2d DCA 1998), under section
733.706, "a judgment holder is not free to execute on estate property simply by virtue of the fact that she holds a judgment....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2004 WL 1969613
...Appellant's participation in the independent action misrepresented nothing about the viability or propriety of that independent action. A judgment in that action would not guarantee recovery because there can be no execution against an estate unless approved by the probate court in the estate administration proceeding. See § 733.706, Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...A judgment is commonly an order which will support a writ of execution, as for example, the levying on the assets of a judgment debtor. By its terms, the Florida Probate Code prohibits execution on estate assets except on order of the court in probate proceedings. Section 733.706, Florida Statutes (1977)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1998 WL 374718
...In the alternative, the estate argued that any claim should be based upon a correct calculation of legal interest. The parties filed a stipulation of facts and memoranda of law. The probate court ruled that a claim on a judgment is treated differently than other claims because of language in section 733.706, Florida Statutes (1989)....
...Nothing in these sections or in the implementing probate rules suggests that a personal representative cannot object to a claim based on a judgment or that such a claim is exempt from the requirement of a thirty-day independent action. See Fla. Prob. R. 5.490, 5.496. Contrary to the probate court's ruling, we do not read section 733.706 to give judgments any special status as claims. Section 733.706 provides: *288 Except upon approval by the court, no execution or other process shall issue on or be levied against property of the estate....
...ng specific property. (Emphasis added.) Under this statute, a judgment holder is not free to execute on estate property simply by virtue of the fact that she holds a judgment. The judgment holder must file a claim like any other claimant. Nothing in section 733.706 suggests that the personal representative cannot object to such a claim in the same manner that the personal representative objects to other claims....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1990 WL 17496
....313(1), Florida Statutes (1987). Since appellees were not in possession of the shares of stock on the date of Marx's death, appellant submits that their judgment was not a perfected security interest and, thus, does not fall within the exception to section 733.706 (stating that the enforcement of security interests encumbering specific property will not be prevented by that section)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 590
...es (1945), claims to specific property, real or personal, were excluded from the requirements of the nonclaim statute. That particular exemption, however, was eliminated by the 1974 amendments to the Probate Code. Former section 733.19 now exists as section 733.706, but does not exempt claims to specific property as did section 733.19....
...NOTES [1] Our supreme court in Barnett Bank of Palm Beach County v. Estate of Leon Henry Read, Jr., Deceased,
493 So.2d 447 (Fla. 1986), held the statute to be a statute of limitation rather than a jurisdictional statute of nonclaim. [2] There are still a few specific exceptions set out in section
733.702(3) and
733.706, but those exceptions are clearly stated.
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 2663706
...Because, however, Braswell died during the course of the proceedings, the trial judge erred in ordering execution against the shares to proceed immediately. In these circumstances, the property of a decedent is properly subject to distribution only in his estate as directed by the probate court. See § 733.706, Fla....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1659, 1986 Fla. App. LEXIS 9102
...Appellant appeals the amended final judgment entered in this matter ordering recovery of appellee’s claim for $26,836.13 from the estate of Ernest Schleusener. We affirm the judgment but vacate that part providing for execution, without prejudice to the appellee to seek execution in the probate court pursuant to section 733.706, Florida Statutes (1985) AFFIRMED IN PART; VACATED IN PART....
CopyPublished | District Court of Appeal of Florida | 2017 Fla. App. LEXIS 456
restrictions applicable to the present case. Section
733.706 specifies that “[c]laims on all judgments against
CopyPublished | District Court of Appeal of Florida
restrictions applicable to the present case. Section
733.706 specifies that “[c]laims on all judgments
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 4430, 2003 WL 1720099
...Section 123 was “reproduced verbatim in the subsequently enacted F.S. s. 733.19, F.S.A., Laws, 1945, c. 22783, s. 3.” Martinez,
76 So.2d at 490 . Section 733.19 was repealed in 1974. See Ch. 74-106, § 3, at 319, Laws of Fla. It was replaced by the predecessor to the current section
733.706, Florida Statutes (2002). See §
733.706, Fla. Stat. Ann., Historical and Statutory Notes. In pertinent part, section
733.706 now provides: Except upon approval by the court, no execution or other process shall issue on or be levied against property of the estate. An order approving execution or other process to be levied against property of the estate may be entered only in the estate administration proceeding. §
733.706, Fla. Stat. (2002). Brown does not control this case. It relied on a statute which has since been repealed. Section
733.706 is directly applicable....
...A post-judgment garnishment proceeding is a form of final process. See Burshan v. Nat’l Union Fire Ins. Co. of Pittsburgh,
805 So.2d 835, 843 (Fla. 4th DCA 2001). Unlike the former section 123’s absolute ban on “any levy ... against any property, real or personal, of the estate of a decedent,” section
733.706 allows execution or other process to “issue on or be levied against property of the estate” if approved by the court handling the estate administration proceeding....
...*552 Here, the probate court approved the garnishment proceeding; the court found that garnishment would not interfere with the administration of the estate, thus obviating the concern of Post that a garnishment would cause “great confusion and expense” in the administration of an estate. Complying with section 733.706, the probate judge’s order provides that any payment out of the estate will be controlled by the probate court. Section 733.706 is the type of express statute required by Post and Flanary to change the common law rule “that executors are not subject” to garnishment “on account of legacies payable to a debtor.” Post, 19 Fla....
...However, as discussed above, the legislature changed the wording of the statute in 1967, twenty-four years before the Flanary decision, expanding the scope of garnishment to reach intangible personal property. Moreover, as we also discussed above, section 733.706 expressly changed the common law rule of Post ....
