Cases from cite.case.law:

STATE ATTORNEY S OFFICE OF SEVENTEENTH JUDICIAL CIRCUIT v. CABLE NEWS NETWORK, INC. LLC, ABC, LLC, LLC, s, 251 So. 3d 205 (Fla. App. Ct. 2018)

. . . it related to a probate court's discretion to extend a creditor's time to file a claim under section 733.705 . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 199 So. 3d 835 (Fla. 2016)

. . . . § 733.705(2), (4), Fla. Stat. Payment of and objection to claims. ch. 743, Fla. Stat. . . .

OREAL, a k a H. v. STEVEN KWARTIN, P. A. P. A. v. a k a H., 189 So. 3d 964 (Fla. Dist. Ct. App. 2016)

. . . We find the plain language of section 733.705(9) and the promissory note did not allow the probate court . . . Section 733.705(9), Florida Statutes, provides that “[interest shall be paid by the personal representative . . . This court reversed, reasoning that “section 733.705(8) [now section 733.705(9) ] provides for the payment . . . Based on the plain language of section 733.705(9) and Aftab, the firm was entitled to the entire amount . . . In the instant case, section 733.705(9) plainly and unambiguously provides for the payment of interest . . .

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

. . . after the person’s death, and whose claim has not been paid or otherwise disposed of pursuant to s. 733.705 . . .

WEST, v. WEST,, 126 So. 3d 437 (Fla. Dist. Ct. App. 2013)

. . . maintained that the action could not be transferred because it would disregard the requirements of section 733.705 . . . See § 733.705(5), Fla. Stat. (2011). . . .

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

. . . after the person’s death, and whose claim has not been paid or otherwise disposed of pursuant to s. 733.705 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 50 So. 3d 578 (Fla. 2010)

. . . . § 733.705(2), (4), Fla. Stat. Payment of and objection to claims. ch. 743, Fla. Stat. . . .

A. ZAYAS- HOOD C. v. A. JUSINO E., 44 So. 3d 626 (Fla. Dist. Ct. App. 2010)

. . . Section 733.705(2), Florida Statutes, providing that a court may extend the time for filing or serving . . .

MARCUS v. QUATTROCCHI, H., 715 F. Supp. 2d 524 (S.D.N.Y. 2010)

. . . . § 733.705(5). (Id. Ex. 13.) . . .

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

. . . In addition, section 733.705, Florida Statutes (2007), requires a claimant may only bring an independent . . .

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

. . . . § 733.705(2), (4), Fla. Stat. Payment of and objection to claims. ch. 743, Fla. Stat. . . . Limitations on presentation of claims. § 733.705, Fla. Stat. . . .

FERNANDEZ- FOX, v. ESTATE OF P. LINDSAY,, 972 So. 2d 281 (Fla. Dist. Ct. App. 2008)

. . . Section 733.705(2), Florida Statutes, provides, in pertinent part: [A] personal representative or other . . . from the date of service of an objection within which to bring an independent action on the claim.” § 733.705 . . . The Florida Probate Rules, referenced in section 733.705, delineate specific requirements for filing . . . An objection must comply with the statutory requirements of section 733.705 and Rule 5.496. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 959 So. 2d 1170 (Fla. 2007)

. . . . § 733.705(2), (4), Fla. Stat. Payment of and objection to claims. ch. 743, Fla. Stat. . . . in-another appropriate-proceeding.- This rule represents an implementation of the procedure found in section 733.705 . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 948 So. 2d 735 (Fla. 2007)

. . . . § 733.705(2), (4), Fla. Stat. Payment of and objection to claims. § 744.3201, Fla. Stat. . . .

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

. . . after the person’s death, and whose claim has not been paid or otherwise disposed of pursuant to s. 733.705 . . .

In ESTATE OF H. CADGENE, v. L., 938 So. 2d 581 (Fla. Dist. Ct. App. 2006)

. . . from the sendee of the objection within which to bring an action on the claim as provided in section 733.705 . . . failed to file an independent action on the claim within the thirty-day time limit imposed by section 733.705 . . . requirements for filing an objection to a statement of claim pursuant to the 2000 version of section 733.705 . . . Here, the personal representative met both of the requirements of section 733.705(2). . . . See § 733.705(3), Fla. Stat. (2000) (now § 733.705(4), Fla. Stat. (2006)). . . . .

A. McMONIGLE, v. J. McMONIGLE, E. Sr., 932 So. 2d 369 (Fla. Dist. Ct. App. 2006)

. . . See § 733.705(4), Fla. Stat. (1997). . . . .

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

. . . In disputes over the validity of timely filed claims, section 733.705(4) requires the claimant to “bring . . . Section 733.705(5) contemplates the use of an independent action after the probate court permits the . . .

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

. . . . § 733.705(2), (4), Fla. Stat. Payment of and objection to claims. § 744.3201, Fla. Stat. . . . Limitations on presentation of claims. § 733.705, Fla. Stat. . . . Amendment of claims. § 733.705, Fla. Stat. Payment of and objection to claims. § 733.708, Fla. . . . Form and manner of presenting claim. § 733.705, Fla. Stat. Payment of and objection to claims. . . . Statutory Reference § 733.705, Fla. Stat. Payment of and objection to claims. Rule References Fla. . . .

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

. . . to strike the personal representative’s objection on the ground that it was untimely under section 733.705 . . .

J S INSTALLATION SPECIALIST, INC. v. D. MABRY, W., 857 So. 2d 346 (Fla. Dist. Ct. App. 2003)

. . . administration proceeding is barred after an independent action brought to enforce the claim pursuant to section 733.705 . . . On May 17, 2001, within the thirty-day time limit imposed by section 733.705(4), the Creditor filed its . . . The Law The 1999 version of section 733.705(4) provided: The claimant is limited to a period of 30 days . . .

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

. . . . § 733.705 of the Probate Code. . . .

ESTATE OF G. CADDEN, a k a a k a G. a k a a k a v. H. SCHICKEDANZ, a k a H. a k a, 855 So. 2d 651 (Fla. Dist. Ct. App. 2003)

. . . Appellant argues that, pursuant to section 733.705(1), Florida Statutes (2000), ap-pellees are barred . . . Section 733.705(1), states, 1) The personal representative shall pay all claims within 1 year from the . . . Although Snyder argues that section 772.11 controls because it is more specific than section 733.705, . . . we conclude that the policy behind the Probate Code establishes that section 733.705 should control. . . . In fact, the statute is clear that 733.705(1) applies to any claim. . . .

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

. . . . § 733.705(2), (34), Fla. Stat. Payment of and objection to claims. § 744.3201, Fla. Stat. . . . Limitations on presentation of claims. § 733.705, Fla. Stat. . . . Amendment of claims. § 733.705, Fla. Stat. Payment of and objection to claims. § 733.708, Fla. . . . Committee Notes This rule represents an implementation of the procedure found in section 733.705, Florida . . . Statutory Reference § 733.705, Fla. Stat. Payment of and objection to claims. Rule References Fla. . . .

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

. . . Form and manner of presenting-claiffir §-733-704; — Fla—Stat,—Amendment—ef claimsr § 733.705; ■■ Fla- . . . Amendment of claims. § 733.705, Fla. Stat. Payment of and objection to claims. § 733.708, Fla. . . .

C. BRODFUEHRER, v. In ESTATE OF K. BRODFUEHRER,, 833 So. 2d 784 (Fla. Dist. Ct. App. 2002)

. . . Under section 733.705(4), Florida Statutes (1999), a claimant is limited to a period of thirty days from . . . for good cause, extend the time for filing an action or proceeding after the objection is filed. § 733.705 . . .

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

. . . an independent action within 30 days of the date of service of the objection, as required by section 733.705 . . . (4), Florida Statutes (1999), because she was “unfamiliar with the law”; and, pursuant to section 733.705 . . . court found that Patterson had demonstrated “good cause” for the extension, as required by section 733.705 . . . See §§ 733.702(1), 733.705(2), Fla. Stat. (1999). . . . To the extent pertinent, section 733.705(4), Florida Statutes (1999), reads: The claimant is limited . . .

DIMICK, a D. v. ESTATE OF K. BARRY,, 787 So. 2d 198 (Fla. Dist. Ct. App. 2001)

. . . M & D Trust, appeal from a final order denying their request to extend the time pursuant to section 733.705 . . . filed an independent action in the Circuit Court of Palm Beach County, Florida, pursuant to section 733.705 . . . On November 22,1999, appellants filed a motion in the probate court, pursuant to section 733.705(4), . . . Here, appellants’ independent action was timely filed in Florida under section 733.705(4). . . . Section 733.705(3) has been renumbered to 733.705(4). . . .

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

. . . Similarly, several district courts have relied on amendments to section 733.705, Florida Statutes, made . . . after the person’s death, and whose claim has not been paid or otherwise disposed of pursuant to s. 733.705 . . . added the phrase, "and any such claim shall be forever barred without order of the court” to section 733.705 . . . In 1986, the Legislature amended section 733.705 by, among other things, clarifying that an objection . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 778 So. 2d 272 (Fla. 2000)

. . . . § 733.705(2), (3), Fla. Stat. Payment of and objection to claims. § 744.3201, Fla. Stat. . . .

K. COHEN, H. v. MAJESTIC DISTILLING CO. INC., 765 So. 2d 276 (Fla. Dist. Ct. App. 2000)

. . . Section 733.705(2) states that, “[f]or good cause, the court may extend the time for filing an objection . . .

L. LEWSADDER, v. ESTATE OF LEWSADDER,, 757 So. 2d 1221 (Fla. Dist. Ct. App. 2000)

. . . order striking those claims for failure to timely file the independent actions required by section 733.705 . . . bring “independent actions” on their respective claims within the thirty day limitation of section 733.705 . . . Florida Statute; section 733.705(4) states in pertinent part: The claimant is limited to a period of . . . However, section 733.705(4) requires a claimant, to whose claim an objection has been served, to bring . . . filed application for arbitration of the claim is an “independent action” within the meaning of section 733.705 . . .

DEVINE, v. KIRKOVICH,, 754 So. 2d 789 (Fla. Dist. Ct. App. 2000)

. . . Section 733.705(4), Florida Statutes (1989), requires independent claims against an estate be filed within . . .

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

. . . after the person’s death., and whose claim has not been paid or otherwise disposed of pursuant to § 733.705 . . .

SNYDER, v. G. BELL, U A D G. U A D v., 746 So. 2d 1100 (Fla. Dist. Ct. App. 1999)

. . . On appeal, Snyder incorrectly argues that the trial court erred in finding that section 733.705 of the . . . The trial court found that section 733.705 precluded attorney’s fees for Snyder because Snyder filed . . . Although Snyder argues that section 772.11 controls because it is more specific than section 733.705, . . . we conclude that the policy behind the Probate Code establishes that section 733.705 should control. . . . Accordingly, section 733.705 applies in this case and precludes attorney’s fees for Snyder. . . .

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

. . . When she refiled her claim several years later, it was untimely under sections 733.705 and 733.710, Florida . . . an independent action within thirty days in Pinellas County to enforce the claim pursuant to section 733.705 . . . Section 733.705(2) permits the personal representative to make a timely written objection to a claim, . . . and section 733.705(4) then allows the claimant thirty days in which to file an independent action upon . . .

FIRST UNION NATIONAL BANK OF FLORIDA, v. AFTAB Co-, 689 So. 2d 1137 (Fla. Dist. Ct. App. 1997)

. . . We hold that the claim adequately put the estate on notice of the promissory note and section 733.705 . . . Moreover, section 733.705(8) provides for the payment of interest by a personal representative on a claim . . .

KELLY ASSISTED LIVING SERVICES, INC. v. ESTATE OF K. REUTER,, 681 So. 2d 813 (Fla. Dist. Ct. App. 1996)

. . . Section 733.705(4), Florida Statutes (1995) states that a probate claimant is limited to a period of . . .

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

. . . . § 733.705(2), (3), Fla.Stat. Payment of and objection to claims. § 744.3201, Fla.Stat. . . . Amendment of claims. § 733.705, Fla.Stat. Payment of and objection to claims. § 733.708, Fla.Stat. . . .

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

. . . after the person’s death, and whose claim has not been paid or otherwise disposed of pursuant to s. 733.705 . . . See 733.705(3), Fla. Stat. (1985). . . . the PR filed a motion for summary judgment in the civil action raising the bar of section 733.702 and 733.705 . . .

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

. . . after the person’s death, and whose claim has not been paid or otherwise disposed of pursuant to s. 733.705 . . . In 1984, however, the legislature amended 733.705(3) to provide: No action or proceeding on the claim . . . after the time limited above, and any such claim is forever barred without any court order, [e.s.] § 733.705 . . .

STATE DEPARTMENT LEGAL AFFAIRS, v. RAINS a k a a k a a k a s d b a, 654 So. 2d 1254 (Fla. Dist. Ct. App. 1995)

. . . Once the court struck -Rains’s claim, section 733.705(4), Florida Statutes (1989) provided that Rains . . . permitted under the statute, “any such claim is thereafter forever barred without any court order.” § 733.705 . . .

In ESTATE OF YEREX, YEREX, v. J. DURZO,, 651 So. 2d 220 (Fla. Dist. Ct. App. 1995)

. . . Section 733.705(4), Florida Statutes (1991), provides in pertinent part: (4)The claimant is limited to . . .

ST. JOHN S HOSPITAL AND HEALTH CENTER, v. K. TOOMEY, K. N. A. Co- L. L., 610 So. 2d 62 (Fla. Dist. Ct. App. 1992)

. . . On June 3, 1991, a complaint was filed within the 30 day period set forth in Section 733.705(4), Florida . . . back to the complaint filed on June 3, 1991, and therefore, was barred as untimely pursuant to Section 733.705 . . .

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

. . . . § 733.705(2), (3), Fla.Stat. Payment of and objection to claims. § 744.3201, Fla.Stat. . . . Fr§4 733.705, Fla.Stat. Payment of and objection to claims. ⅞⅛⅛ 733.710, Fla.Stat. . . . Amendment of claims. § 733.705, Fla.Stat. Payment of and objection to claims. § 733.708, Fla.Stat. . . . Committee Notes This rule represents an implementation of the procedure found in section 733.705, Florida . . . Statutory Reference § 733.705, Fla.Stat. Payment of and objection to claims. RULE 5.510. . . .

J. SIRECI, Jr. M. v. J. DEAL,, 603 So. 2d 35 (Fla. Dist. Ct. App. 1992)

. . . that the probate court did not abuse its discretion in allowing Deal to assert his claim where section 733.705 . . . Section 733.705(4), Florida Statutes (1989), states, in pertinent part: The claimant is limited to a . . . The Florida Supreme Court has stated that the time limitation contained in section 733.705(4) operates . . .

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

. . . court held in In Re Estate of Parson, 570 So.2d 1125 (Fla. 1st DCA 1990), that amendments to section 733.705 . . . after the person’s death, and whose claim has not been paid or otherwise disposed of pursuant to s. 733.705 . . .

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

. . . . § 733.705(2), Fla.Stat. (Supp.1986). . . . . § 733.705(3), Fla.Stat. (Supp.1986). . . .

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

. . . . § 733.705, Fla.Stat. Payment of and objection to claims. § 733.708, Fla.Stat. Compromise. . . .

In SOUTHERN INDUSTRIAL BANKING CORPORATION, E. DuVOISIN, v. E. COKER,, 125 B.R. 517 (Bankr. E.D. Tenn. 1991)

. . . . § 733.705(3) (1977); Estate of Pridgeon, 349 So.2d 741 (Fla.App.1977). . . . While Florida may not honor the judgment because the requirements of section 733.705(3) were not met, . . .

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

. . . Section 733.705, Florida Statutes (1988) provides for the manner of filing claims against an estate whether . . . Section 733.705 provides detailed instruction and requirements as to how such claims shall be handled . . .

SHESSEL, v. ESTATE OF CALHOUN,, 573 So. 2d 962 (Fla. Dist. Ct. App. 1991)

. . . because of an alleged failure to maintain an independent action against the estate as required by section 733.705 . . .

B. LOVELL, M. Sr. v. ONE BANCORP, MAINE SAVINGS BANK, W. Jr. R., 755 F. Supp. 466 (D. Me. 1991)

. . . The court of appeals reversed, explaining: We believe that the rationale and purpose of Section 733.705 . . .

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

. . . Section 733.705(2) permits the PR to file a written objection to a claim “[o]n or before the expiration . . . first notice of administration, the alternative thirty-day period for filing objections under section 733.705 . . . Subsequent to Barnett Bank, that portion of Section 733.705(3), Florida Statutes (1983), providing that . . . Additionally, as of October 1, 1986, section 733.705(2) was amended to provide, as it does currently, . . . In further clarifying its intent, the 1986 Florida Legislature also amended section 733.705(3), by adding . . .

IN RE ESTATE OF MACH, 38 Fla. Supp. 2d 90 (Fla. Cir. Ct. 1989)

. . . The motion was made pursuant to § 733.705(3), F.S. The essential facts are not in dispute. . . . It should be emphasized that the abortive attempt was within the time limitations of Florida Statute 733.705 . . .

In ESTATE OF A. UZZO,, 555 So. 2d 1217 (Fla. Dist. Ct. App. 1989)

. . . The issue was whether Morris complied with section 733.705(3), Florida Statutes (1985), which requires . . .

POWELL, v. CHANCY- STOUTAMIRE, INC., 546 So. 2d 1135 (Fla. Dist. Ct. App. 1989)

. . . Section 733.705(3), Florida Statutes provides that a claimant has 30 days from the date of service of . . . Subsection 733.705, Florida Statutes provides in part: * * # * * * For good cause, the court may extend . . . Section 733.705(3) specifically authorizes the court to extend the time for filing an action after an . . .

A. KATA, v. N. HAYDEN,, 544 So. 2d 315 (Fla. Dist. Ct. App. 1989)

. . . claimants constituted an abandonment of the objection as to that claimant under the provisions of section 733.705 . . . Section 733.705, Florida Statutes (1987), provides that a personal representative shall serve a copy . . . We agree with the appellant that section 733.705(2) does not expressly address the procedure to be followed . . . Section 733.705(2) requires service of a copy of the objection by registered or certified mail to the . . .

WATSON, v. FIRST FLORIDA LEASING, INC., 537 So. 2d 1370 (Fla. 1989)

. . . all procedural aspects of chapter 733 as temporary rules of court the notice requirement of section 733.705 . . . Since the notice requirement of section 733.705(3) adopted by this Court as a temporary rule of procedure . . . No one suggests that the wording of section 733.705(3) would not bar the claim in this case if the statute . . . To put it another way, if the wording of section 733.705(3) were sufficient to bar the claim as a statute . . . Watson, 516 So.2d 1062 (Fla. 3d DCA 1987), in which the court held a notice provision of section 733.705 . . . failed to file the notice of independent action with the probate division as called for by section 733.705 . . . note the dual responsibility to report an action against an estate caused by rule 5.065 and section 733.705 . . . Section 733.705(3) requires two things: (1) an action must be filed within thirty days from the objection . . .

RAINIER, S. v. CALHOUN,, 534 So. 2d 735 (Fla. Dist. Ct. App. 1988)

. . . Section 733.705(6), Florida Statutes (1987), provides that interest is not allowable on an unliquidated . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . F.S. 733.705 Payment of and objection to claims. . . . F.S. 733.705(3) Payment of and objection to claims. . . . F.S. 733.705 Payment of and objection to claims. F.S. 733.708 Compromise. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . F.S. 733.705 Payment of and objection to claims. . . . requirement not founded on a statute or rule and is in addition to notice by a claimant required by F.S. 733.705 . . . F.S. 733.705(3) Payment of and objection to claims. . . .

DOHNAL v. SYNDICATED OFFICES SYSTEMS, d b a, 529 So. 2d 267 (Fla. 1988)

. . . THE INSTANT CASE, SHOW GOOD CAUSE JUSTIFYING AN EXTENSION OF TIME TO FILE SUIT PURSUANT TO SECTION 733.705 . . . court a motion for extension of time for filing an independent action on the claim pursuant to section 733.705 . . . THE INSTANT CASE, SHOW GOOD CAUSE JUSTIFYING AN EXTENSION OF TIME TO FILE SUIT PURSUANT TO SECTION 733.705 . . . The probate court may extend the creditor’s time where good cause is shown for the delay. § 733.705(3 . . .

A. HORN, E. v. AIR SAL, INC., 519 So. 2d 1106 (Fla. Dist. Ct. App. 1988)

. . . within which an estate creditor may file an independent action against the said estate under Section 733.705 . . .

D. PERKINS, Sr. M. v. S. ANDERSON, C. a L. a, 518 So. 2d 1354 (Fla. Dist. Ct. App. 1988)

. . . On the claim for flooding, the court found the action was untimely under section 733.705(3), Florida . . .

DEPARTMENT OF REVENUE, v. FLORIDA NATIONAL BANK,, 516 So. 2d 1147 (Fla. Dist. Ct. App. 1987)

. . . representative of Hammond’s estate, served an Objection to Claim on June 18,1986, pursuant to section 733.705 . . . If an objection is filed, Section 733.705(3) provides: The claimant is limited to a period of 30 days . . .

IN RE ESTATE OF ST. JOHN, 26 Fla. Supp. 2d 86 (Fla. Cir. Ct. 1987)

. . . S. 733.705(2) which provides, inter alia, that the personal representative may serve an objection upon . . . S. 733.705(2) are procedural in nature and thus subject to the rule making authority of the Supreme Court . . . Estate of Williams, 493 So.2d 44 (Fla. 5th DCA 1986) which squarely held that the “time periods in F.S. 733.705 . . .

FIRST FLORIDA LEASING, INC. v. WATSON,, 516 So. 2d 1062 (Fla. Dist. Ct. App. 1987)

. . . notice of independent action regarding its creditor’s claim against the estate as required by section 733.705 . . .

In ESTATE OF HAMMER, HAMMER, v. R. KNOTT, Ad J., 511 So. 2d 708 (Fla. Dist. Ct. App. 1987)

. . . had used for more than 25 years failed to have an update showing the thirty day limit under section 733.705 . . . The appellate court in Golden held that the section 733.705(3) time limitations for filing objections . . . The above case dealt with section 733.702 and not the section pertinent here, section 733.705(3). . . . Aspects of section 733.705 and similar statutes have been denominated rules of procedure rather than . . . If we look at chapter 84-25, section 1, 1984 Laws of Florida, we see the change in section 733.705(3) . . .

RAINIER, S. v. CALHOUN,, 510 So. 2d 999 (Fla. Dist. Ct. App. 1987)

. . . representative was required to file his objection within thirty days after the filing of the subject claim, § 733.705 . . .

Z O REALTY ASSOCIATES, INC. P. v. LAKOW Co- P., 519 So. 2d 3 (Fla. Dist. Ct. App. 1987)

. . . commencement of an independent civil action against the personal representative as required by section 733.705 . . . The relevant portion of section 733.705(3), Florida Statutes (1985) reads: The claimant is limited to . . . For the foregoing reasons, we hold that section 733.705(3), Florida Statutes (1985), is unconstitutional . . . as it impinges upon the supreme court’s exclusive rule-making power, and that section 733.705(3), as . . . Our opinion has no effect on those aspects of section 733.705(3), Florida Statutes (1985), which have . . .

DOHNAL v. SYNDICATED OFFICES SYSTEMS d b a, 506 So. 2d 1138 (Fla. Dist. Ct. App. 1987)

. . . the trial court erred in finding that clerical error constituted the good cause required by section 733.705 . . . THE INSTANT CASE, SHOW GOOD CAUSE JUSTIFYING AN EXTENSION OF TIME TO FILE SUIT PURSUANT TO SECTION 733.705 . . .

B. ARKY, W. v. J. HARRIS,, 504 So. 2d 813 (Fla. Dist. Ct. App. 1987)

. . . , extending the time to file the notice of institution of an independent action required by Section 733.705 . . . action is pending in the same court, or whether the Legislature had the authority to enact Section 733.705 . . .

L. RICCIARDELLI, Co. P. A. v. L. FASKE,, 505 So. 2d 487 (Fla. Dist. Ct. App. 1987)

. . . These notices, it is urged, are required by Section 733.705(3), Florida Statutes (1985), to be filed . . . First, we assume, without deciding, that Section 733.705(3), Florida Statutes (1985), requires that a . . . the notices filed by the creditors in the estate proceeding below were untimely filed under Section 733.705 . . . stated “good cause” for an eight-day extension of the thirty-day time period as provided for in Section 733.705 . . . good cause” for an extension of time within which to file the subject notices as authorized by Section 733.705 . . . Next, even if I am wrong in my assessment that this notice requirement in Section 733.705(3) is unconstitutional . . . and the court in which the independent action is brought are the same, and considering that Section 733.705 . . .

R. W. WILLIAMS W. v. ESTATE OF WILLIAMS,, 493 So. 2d 44 (Fla. Dist. Ct. App. 1986)

. . . Pursuant to section 733.705(3), Florida Statutes (1984): The claimant is limited to a period of 30 days . . . denied the appellant’s motion as being legally insufficient to establish “good cause” under section 733.705 . . . What is or is not sufficient to establish “good cause” to extend the time limitations in section 733.705 . . . As characterized by the courts, the time periods set forth in section 733.705 and its predecessors are . . . We do not think the trial judge’s discretion pursuant to section 733.705(3) is so rigidly circumscribed . . .

FERDINAND v. ESTATE OF ERNEST SCHLEUSENER, CAMPBELL v. ESTATE OF ERNEST SCHLEUSENER,, 18 Fla. Supp. 2d 124 (Fla. Cir. Ct. 1986)

. . . notes that no notice of this action was filed in probate proceedings, although required by Section 733.705 . . .

IN RE ERNEST CHARLES SCHLEUSENER, 18 Fla. Supp. 2d 24 (Fla. Cir. Ct. 1986)

. . . Section 733.705(3) requires an independent action upon the claim to be filed within 30 days from service . . . It suffices to say that most decisions in the 3rd and 4th DCAs refer to Section 733.702 and 733.705 as . . . independent action, the personal representative may raise the statutory bar of Sections 733.702 and 733.705 . . . While avoidance of the affirmative defense of the statutory bar of Sections 733.702 and 733.705 by way . . . A claim based on a judgment against the estate is not barred by Sections 733.702 or 733.705. . . .

IN RE ESTATE OF VICTOR HAMMER,, 31 Fla. Supp. 2d 28 (Fla. Cir. Ct. 1986)

. . . S. 733.705(3) requires that the claimant is limited to a period of thirty days from the date of service . . .

J. GOLDEN, Jr. v. ATLANTIC NATIONAL BANK OF JACKSONVILLE, a, 481 So. 2d 16 (Fla. Dist. Ct. App. 1985)

. . . failure to file in the estate proceeding written notice of the independent action as required by section 733.705 . . . The time limitations prescribed by section 733.705(3) for the filing of objections to claims against . . . Nevertheless, appellee would argue that by virtue of the 1984 amendment to section 733.705(3), the statute . . . Accordingly, faced with the admonition in section 733.705(3) that no action or proceeding shall be brought . . . Section 733.705(3) provides: The claimant is limited to a period of 30 days from the date of service . . .

JOHNSON v. ESTATE OF J. FRAEDRICH,, 472 So. 2d 1266 (Fla. Dist. Ct. App. 1985)

. . . claim was timely made by Thomas Brown, attorney for the personal representative, pursuant to Section 733.705 . . . Pursuant to Section 733.705(3), Florida Statutes (1983), Johnson had 30 days from this date of service . . .

ADVENTIST HEALTH SYSTEM SUNBELT, INC. v. STRAUS, 10 Fla. Supp. 2d 90 (Orange Cty. Ct. 1985)

. . . Florida Statute 733.705 states in part: 1) “If any person brings an action against a personal representative . . . (emphasis added) Florida Statute 733.705 The claimant shall be limited to 30 days from the date of service . . . The court cannot agree with Plaintiff’s contention for two reasons: 1) Florida Statute 733.705(1) denies . . . Florida Statutes 733.705(1) and (3) are consistent only if a credit is permitted to file suit within . . .

In ESTATE OF M. ROBINS, CLARK, v. ECKERT,, 463 So. 2d 273 (Fla. Dist. Ct. App. 1984)

. . . with the objection by certified or registered mail within ten days of filing as required by section 733.705 . . . That statute was the predecessor statute of section 733.705(2) and did not provide that service of an . . .

BLACK, v. A. BRAMMER, W., 440 So. 2d 24 (Fla. Dist. Ct. App. 1983)

. . . Section 733.705(3), Florida Statutes (1981) provides: The claimant shall be limited to 30 days from the . . . indicated suit must be brought within 60 days of the objection, rather than 30 days as provided in Section 733.705 . . .

G. ALPERT Co- v. ALPERT,, 425 So. 2d 193 (Fla. Dist. Ct. App. 1983)

. . . Raskin, the co-personal representative, and that the action was now time barred by virtue of Section 733.705 . . . We agree with those cases; however, they have no application here, nor can we construe Section 733.705 . . . In our view, Section 733.705(3) does not operate as a timebar where, as here, the co-personal representatives . . .

In BROWN, SHELBY COMPANY LIMITED, v. SMITH,, 421 So. 2d 752 (Fla. Dist. Ct. App. 1982)

. . . taken to enforce the Claim of Shelby Company Limited and the Claim is, therefore, barred by Section 733.705 . . . the trial court struck the claim upon the basis that Shelby had not met the requirements of Section 733.705 . . . We believe that the rationale and purpose of Section 733.705, Florida Statutes (1980) is to uncover and . . .

POULSEN, v. FIRST NATIONAL BANK OF PALM BEACH H., 407 So. 2d 338 (Fla. Dist. Ct. App. 1981)

. . . filed claim against an estate, an independent action was filed within the time limitations of Section 733.705 . . . Deceased, for the approval of the filing of an independent action for relief under Florida Statute 733.705 . . . wrongful death action in Wyoming satisfied the 30 day requirement of the first sentence of Section 733.705 . . . 30 days after objection filed to the claim, was a timely filing within the first sentence of Section 733.705 . . . Wyoming state court from being a full and adequate compliance with the time limitations of Section 733.705 . . .

MESSINA, v. SCIONTI,, 406 So. 2d 529 (Fla. Dist. Ct. App. 1981)

. . . Appellant then filed a motion, under section 733.705(3), Florida Statutes, for an extension of time within . . .

In ESTATE OF MOSLEY, MOSLEY, v. THOMAS,, 402 So. 2d 594 (Fla. Dist. Ct. App. 1981)

. . . . §§ 731.201(6), 733.705(5), Fla.Stat. (1979). . . .

V. BALDWIN, I. v. LEWIS,, 397 So. 2d 985 (Fla. Dist. Ct. App. 1981)

. . . claim within four months from the first publication of notice of administration as required by Section 733.705 . . . found that the personal representative had failed to demonstrate good cause as required by Section 733.705 . . .

In ESTATE OF KLOTZ, CREPEAU, v. PIKE,, 394 So. 2d 509 (Fla. Dist. Ct. App. 1981)

. . . Appellant did not file a timely objection to the claim as provided in section 733.705, Florida Statutes . . . independent hearing” specified in the order is the same as the “independent action” required by the statute 733.705 . . . The time limitation prescribed in section 733.705(2), Florida Statutes (1979), for the filing of objections . . .

In ESTATE OF MATCHETT, P. ROGERS, v. JOHNSON, In ESTATE OF LIVINGSTON, P. ROGERS, v. JOHNSON,, 394 So. 2d 437 (Fla. Dist. Ct. App. 1981)

. . . and the hearing scheduled thereon was an unusual departure from probate procedure provided in section 733.705 . . . claim, or constituted good cause for the court to extend the time, claimant was barred under section 733.705 . . . Section 733.705, Florida Statutes (1979), provides: (2) On or before the expiration of 4 months from . . .

D. ALLEN, v. In ESTATE C. DUTTON,, 394 So. 2d 132 (Fla. Dist. Ct. App. 1980)

. . . See also § 733.705(5), Fla.Stat. (1979). . . . .

R. PEAVY, L. R. v. PARRISH, 385 So. 2d 1034 (Fla. Dist. Ct. App. 1980)

. . . . § 733.705(3) Fla.Stat. (1979). . . .

In ESTATE H. WILISCH, SECK, v. G. HEADLEY,, 384 So. 2d 223 (Fla. Dist. Ct. App. 1980)

. . . Section 733.705(3), Florida Statutes (1977), provides in pertinent part: “The Claimant shall be limited . . .

CONTINENTAL ASSURANCE COMPANY, v. AMERICAN BANKSHARES CORPORATION, 483 F. Supp. 175 (E.D. Wis. 1980)

. . . . § 733.705(3) (1977); Estate of Pridgeon, 349 So.2d 741 (Fla.App.1977). . . . While Florida may not honor the judgment because the requirements of section 733.705(3) were not met, . . .

J. SESSOMS, v. C. JOHNSON,, 378 So. 2d 1260 (Fla. Dist. Ct. App. 1979)

. . . Fla.1973), and the stated time limits for disallowing objections untimely filed, set forth in Section 733.705 . . . its construction of Section 733.18(2), Florida Statutes (1975), the predecessor statute to Section 733.705 . . . Section 733.705, Florida Statutes (see footnote 2). . . . Section 733.705, Florida Statutes, allows objections to be filed on or before the expiration of four . . .

In ESTATE OF C. DUDLEY,, 374 So. 2d 1111 (Fla. Dist. Ct. App. 1979)

. . . Under Section 733.705(2), Florida Statutes (1977) the time for filing an objection to any claims made . . . In essence, pursuant to Section 733.705(3), the motion for extension set forth as “good cause” that the . . .

In ESTATE OXFORD,, 372 So. 2d 1129 (Fla. Dist. Ct. App. 1979)

. . . whether there was an abuse of discretion in the trial court’s finding of “good cause” pursuant to § 733.705 . . . counsel should be employed to bring an independent action on the claim within thirty days pursuant to § 733.705 . . .

In ESTATE OF FORNASH, A. GARLAND, v. BARNES,, 372 So. 2d 128 (Fla. Dist. Ct. App. 1979)

. . . Claimant then filed a document entitled Motion for Court to Set Hearing pursuant to F.S. 733.705(5). . . . trial court erred in failing to require the claimant to file an independent action pursuant to Section 733.705 . . . The statutory requirement of Section 733.705(3) contains the following: (3) The claimant shall be limited . . . Section 733.705(3), Florida Statutes (1977). OTT and RYDER, JJ., concur. . . .

WASSERMAN v. ESTATE OF WASSERMAN,, 48 Fla. Supp. 53 (Broward Cty. Cir. Ct. 1978)

. . . Defendant Wasserman also asserts that the claim is barred by the statute of limitations, Section 733.705 . . .