Florida/Georgia Personal Injury & Workers Compensation

...the estate. See Griffin v. Workman, 73 So.2d 844, 846 (Fla.1954) ("[W]here a wrongful death action was instituted by a party `as administrator,' his subsequent appointment as such validated the proceeding on the theory of relation back."); see also § 733.601, Florida Statutes (1989)....

...out merit. [2] The final judgment represents the amount of the excess judgment plus accrued interest. [3] This statute has been amended since 1990 to require court approval of any claim in excess of $15,000. See § 744.387(2), Fla. Stat. (2002). [4] Section 733.601 provides: The powers of a personal representative relate back in time to give acts by the person appointed, occurring before appointment and beneficial to the estate, the same effect as those occurring thereafter....

bring actions on behalf of the estate. Fla.Stat. § 733.601. Judge Newbold’s order of July 29, 1989 appointing

...be assets in the hands of the personal representative . . .” for payment of expenses and obligations of the estate, for contribution, advancement, and distribution.). The personal representative’s duties and powers commence upon appointment. § 733.601, Fla....

...(emphasis added). This authority, however, does not impose on the nominated personal representative any statutory duty to act prior to appointment. Richard v. Richard, 193 So. 3d 964, 968-69 (Fla. 3d DCA 2016) (affirming that relation-back doctrine codified in section 733.601 reflected intent to avoid imposing legal duties on personal representative prior to appointment and assumption of statutory duties). 7 These authorities establish that a nominated or putativ...

...To say that implied consent arises from a nominated personal representative’s failure to act when authority to act exists is to create a duty to act prior to appointment, directly contrary to the Probate Code’s distinction between authority and duty. § 733.601, Fla....

...ng. See Griffin v. Workman, 73 So.2d 844, 846-847 (Fla. 1954); Univ. of Miami v. Wilson, 948 So.2d 774, 777-778 (Fla. Dist. Ct. App. 2006); Bermudez v. Florida Power & Light Co., 433 So.2d 565, 566 (Fla. Dist. Ct. App. 1983). See also Fla. Stat. § 733.601 (“The powers of the personal representative relate back in time to give acts by the person appointed, occurring before appointment and beneficial to the estate, the same effects as those occurring after appointment.”)....

...ation. Pursuant to Florida law, the probate court’s September 2016 reappointment of Mr. Markland as Personal Representative of Carolyn Markland’s estate relates back to Mr. Markland’s initial filing of the wrongful death'action. See Fla. Stat. § 733.601 (“The powers of the personal representative relate back in time to give acts by the person appointed, occurring before appointment and beneficial to the estate, the same effects as those occurring after appointment.”); see also Griffin, 73 So.2d at 846-847 ; Univ....

...ing personal representatives; and (2) denied Joel and Kim’s motions to strike Karen’s creditor claim as untimely and declared Karen’s creditor claim timely filed.1 We reverse the orders on appeal, holding that the relation back provision of section 733.601, Florida Statutes (2012), applies to the personal representatives’ act of publishing the notice to creditors....

...rida law, due to the fact that 4 she and Joel were not appointed until the day after the notice was published. She argued that the relation back doctrine did not apply because the statute in question—section 733.601, Florida Statutes (2012)—expressly provides only that a personal representative’s “powers” relate back, but does not provide for the relation back of a personal representative’s “duties.” Karen contends that, because...

...We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.170(b), and review the issues raised de novo. Univ. of Miami v. Wilson, 948 So. 2d 774 (Fla. 3d DCA 2006). ANALYSIS The question presented in this case: does the relation back doctrine, as incorporated in section 733.601, apply to validate a notice to creditors that was published one day prior to the appointment of the personal representatives or did the trial court correctly determine that the premature notice is a nullity, and therefore, that Kar...

...not a void performance, being an act done during the interim which was for the benefit of the estate.’” Id. (quoting Archdeacon v. Cincinnati Gas & Elec. Co., 81 N.E. 152, 154 (Ohio 1907)). In 1974, the Legislature codified the relation back doctrine in section 733.601, Florida Statutes....

...7  after appointment. A personal representative may ratify and accept acts on behalf of the estate done by others when the acts would have been proper for a personal representative. §733.601, Fla....

...1984). The question is whether Joel and Karen’s June 13 act of publishing the notice to creditors was validated upon entry of the court’s June 14 order appointing them as personal representatives. Karen contends that the relation back doctrine (and section 733.601) does not apply because the statutory language makes a distinction between a “power” and a “duty.” Specifically, it provides: The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by the person appointed, occurring before appointment and beneficial to the estate, the same effect as those occurring after appointment. § 733.601, Fla....

...relate back in time,” the same sentence goes on to clarify that they relate back “to give acts by the person appointed, occurring before appointment and beneficial to the estate, the same effect as those occurring after appointment.” § 733.601 (emphasis added). Therefore, it is the acts of the person, who is later appointed personal representative of the estate, taken before his or her actual appointment that are granted “the same effect as those occurring after appointment,” so long as those acts are beneficial to the estate....

...is administered”). 9 the power to publish the notice to creditors. Therefore, there must have been some other reason why the Legislature chose to include the word “duties” in the first sentence of section 733.601, while omitting it from the very next sentence....

...that person as personal representative. The decision in Gilson v. Foltz, 431 So. 2d 647 (Fla. 2d DCA 1983), provides a good example of the unintended consequences that could follow had the term “duties” been included in the second sentence of section 733.601....

...death, because the son had not yet been appointed personal representative. The personal representative could not have a “duty” to act prior to the decedent’s death (or, by extension, prior to his appointment as personal representative). Had the statutory language of section 733.601 provided that the “powers and duties of a personal representative relate back in time” (emphasized words added), a personal representative could arguably be held responsible for “failing” to discharge a duty even before she was appointed personal representative and before she assumed her statutory duties. Such a construction runs counter to the unquestionably proper 10 decision in Gilson, and we conclude that the language used in section 733.601, and the difference between the first two sentences of that statute, merely underscores this rational distinction. We further note that the pertinent language of section 733.601 is identical in all material respects to that of the Uniform Probate Code....

...The personal representative is the only person authorized to publish a valid notice to creditors6 and the personal representative is obligated to publish the notice promptly. See § 733.2121(1), Fla. Stat. (2012). Thus, to the extent Karen’s proposed construction of section 733.601 is plausible, the “act” of publishing a notice to creditors, prior to the order appointing personal representatives, was validated by the relation back doctrine. 6 The only other person who is authorized to publish the notic...

..., Florida Statutes (1973), which provided that “[e]very personal representative, after taking out letters testamentary or of administration, shall cause a notice to be published. . .” (emphasis added). In 1974, section 733.15 was repealed and section 733.601 (the relation back doctrine) was added to Florida probate law....

...he subsequent order of appointment would not relate back and validate that act because it is considered a “duty” rather than a “power.” 14  We hold that the relation back doctrine, codified in section 733.601, applies to the personal representative’s act of publishing the notice to the creditors, and that the order appointing personal representative relates back and validates the pre- appointment act of publication of the notice to creditors....

..., thereby validating the actions they took prior to their appointment. We agree as there is both statutory and case law support for such a finding. Chapter 733 of the Florida Statutes is the Probate Code and deals with the administration of estates. Section 733.601, Florida Statutes (2002), specifically provides that The duties and powers of a personal representative commence upon appointment....

...s the personal representative of his deceased wife's estate and consented to the daughters' appointment as co-personal representatives, Ms. Wilson and Ms. Salmon obtained the necessary letters of administration and immediately amended the complaint. Section 733.601, Florida Statutes, regarding the administration of estates, specifically permits the actions of a personal representative, taken before being appointed, to be ratified on behalf of the estate, and if those actions benefit the estate, they are given the same effect as those occurring after appointment....

...[6] The respondents' "access to courts" plea has a seductive but legally hollow ring. *785 The daughters elected not to prosecute their interests. Where a party has not established his right to pursue his legal interest, the law requires dismissal. The doctrine of relation back, found in section 733.601 of the Florida Statutes, does not extricate the daughters in this case either....

...t and beneficial to the estate, the same effect as those occurring after appointment. A personal representative may ratify and accept acts on behalf of the estate done by others when the acts would have been proper for a personal representative. ง 733.601, Fla....

...[6] In making its argument to the contrary, the majority places substantial reliance on Berges v. Infinity Ins. Co., 896 So.2d 665 (Fla.2004). However, unlike in our case, the settlement demand there was made by the decedent's husband, who not only had preference of appointment under the probate code, ง 733.601, Fla....

...as Edward’s personal representative yet, the clock did not start to run when Virginia served him with her notice of election. Gregg’s duties as personal representative did not begin until the time of his appointment nearly six months later. See § 733.601, Fla....

...That is not an accusation which has, or could be, leveled against the successor representative. Accordingly, a different issue is involved. See Costa Bella Development Corp. v. Costa Development Corp., 445 So.2d 1090 (Fla. 3d DCA 1984). We reject the theories advanced by the widow that she is protected by either section 733.601 or section 733.708, Florida Statutes (1985)....

...f the estate. Thus, the statutory schemes governing both minor and estate claims contemplate the completion of settlement negotiations prior to court approval.” Id. at 675 (internal citations omitted). The relation-back doctrine is codified in section 733.601, Florida Statutes (2020), which governs the time of accrual of the powers and duties of a personal representative: The duties and powers of a personal representative commence upon appointment....

...he same effect as those occurring after appointment. A personal representative may ratify and accept acts on behalf of the estate done by others when the acts would have been proper for a personal representative. Thus, under section 733.601, acts occurring before appointment of the personal representative can be validated in either of two ways: (1) the personal representative’s own acts, occurring before appointment and beneficial to the estate, will relate back and ha...

...awarding a contingency fee to Miller & Jacobs based on the contingency fee agreement with Pounds, because (1) Pounds was never appointed as personal representative, and (2) Greenland, the personal representative, has not ratified Pounds’s fee agreement with Miller & Jacobs. See § 733.601, Fla. Stat. (2020). Cooper is limited by section 733.601 to its facts....

...nd’s estate at the time she signed and filed the notice to opt out: The probate court did not appoint Ms. Roughton as personal representative of the estate until November of 2007 (after the date the complaint at issue was filed). But on this point section 733.601, Florida Statutes (1997), controls: The duties and powers of a personal representative commence upon his or....

...ntative relates back to death from the moment it arises.” Ms. Roughton maintains the Tobacco Defendants “cited no authority that opting out of a case and letting the statute of limitations run is in any way ‘beneficial’ within the meaning of Section 733.601,” and that her subsequent appointment “does not relate back to this non-beneficial and repudiated act.” But the statutory requirement that the act be “beneficial to the estate” was not intended to let a de facto personal rep...

...Engle, 945 So.2d at 1259, 1267, 1269 (citation omitted). Potential class members who filed timely notices to opt out of the class action would not logically fall within the group of plaintiffs entitled to rely on the res judicata effect of the Phase I jury findings. . Section 733.601, Florida Statutes (2007), provided in part: The duties and powers of a personal representative commence upon appointment....

PER CURIAM. Affirmed. § 733.601, Fla.Stat. (1991); Griffin v. Workman, 73 So.2d 844, 846 (Fla. 1954);

...the person entitled and qualified to be personal representative, see Fla. Prob. R. 5.235(a)(1), and appointed John T. Marshall as personal representative of the estate. "The duties and powers of a personal representative commence upon appointment." § 733.601, Fla....

...On the other hand, the probate court has had personal jurisdiction over Mrs. Moore in her capacity as personal representative since 1985. Mrs. Moore agreed to this personal jurisdiction long before she left for Turkey or Switzerland. She is and has been obligated to perform her duties as personal representative. § 733.601, Fla.Stat....