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Shessel v. Estate of Calhoun

District Court of Appeal of Florida, Third District
Feb 20, 1991
573 So. 2d 962 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-556.

January 22, 1991. Rehearing Denied February 20, 1991.

Appeal from the Circuit Court, Monroe County, J. Jefferson Overby, J.

Sams, Beckham, Spiegel, Alger Criscione, Cooper, Wolfe Bolotin and Sharon Wolfe and Linda G. Katsin, Miami, for appellants.

Joseph H. Murphy, Jr., Coral Gables, for appellee.

Before SCHWARTZ, C.J., and BASKIN and COPE, JJ.


The order striking the appellants' claim because of an alleged failure to maintain an independent action against the estate as required by section 733.705(4), Florida Statutes (1989) is reversed on the ground that the pendency of a federal action against the decedent — in which her estate was substituted as a party defendant and which indeed had gone to a judgment which is presently on appeal — fully satisfied that requirement. In re Estate of Brown, 421 So.2d 752 (Fla. 4th DCA 1982); see In re Estate of Klotz, 394 So.2d 509 (Fla. 5th DCA 1981); Cloer v. Shawver, 177 So.2d 691 (Fla. 1st DCA 1965); see also Scutieri v. Estate of Revitz, 510 So.2d 1003 (Fla. 3d DCA 1987), review denied, 519 So.2d 986 (Fla. 1988).


Summaries of

Shessel v. Estate of Calhoun

District Court of Appeal of Florida, Third District
Feb 20, 1991
573 So. 2d 962 (Fla. Dist. Ct. App. 1991)
Case details for

Shessel v. Estate of Calhoun

Case Details

Full title:HERBERT SHESSEL, ET AL., APPELLANTS, v. ESTATE OF MARY EDITH CALHOUN…

Court:District Court of Appeal of Florida, Third District

Date published: Feb 20, 1991

Citations

573 So. 2d 962 (Fla. Dist. Ct. App. 1991)

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