The 2023 Florida Statutes (including Special Session C)
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. . . The notice further stated, pursuant to section 733.710(1)'s two-year repose deadline: NOTWITHSTANDING . . . See § 733.710(1), Fla. . . . On January 21, 2017, the two-year repose period under section 733.710(1) expired. . . . The Petition is further barred by section 733.710(1), Fla. Stat. . . . See § 733.710(1), Fla. . . . estate; (2) the petition was further barred by the two-year statute of repose contained in section 733.710 . . .
. . . Appellants also argue that Appellees' petition to reopen summary administration was time-barred by section 733.710 . . .
. . . Notwithstanding these provisions, section 733.710, Florida Statutes, is a jurisdictional statute of nonclaim . . . See § 733.710(1), Fla. Stat. (2015); see also Jones v. Golden, 176 So.3d 242, 245 (Fla. 2015). . . .
. . . ), reiterating that nothing in section 733.702 “shall extend the limitations period set forth in s. 733.710 . . . Section 733.710, in turn, establishes an absolute two-year time limitation, measured from the death of . . . waived in a probate proceeding by failure to object to a claim on timeliness grounds,” while section 733.710 . . . The probate two-year nonclaim statute, section 733.710, is not an issue relating to an insured’s duty . . . As already noted, perhaps repeatedly for emphasis, section 733.710 is a jurisdictional statute of nonclaim . . . Stat. (2011), and the statute of repose, § 733.710, Fla. . . . the probate court ruled on Infinity’s motion to determine and entered an order finding that section 733.710 . . . waived in a probate proceeding by failure to object to a claim on timeliness grounds,” and section 733.710 . . . In Pezzi, the Fourth District held that the plaintiffs failure to comply with sections 733.702 and 733.710 . . . In support of its interpretation of sections 733.702 and 733.710, the court noted that the purpose of . . .
. . . extension, or whether the claim is timely if filed within two years of the decedent’s death under section 733.710 . . . extension of time under section 733.702(3) within the two-year period of repose set forth in section 733.710 . . . claims of such creditors are timely if filed within two years of the decedent’s death under section 733.710 . . . creditor of Harry’s estate and that her guardian’s claim was time-barred under sections 733.702 and 733.710 . . . Section 733.710 provides, in relevant part: (1) Notwithstanding any other provision of the code, 2 years . . .
. . . See § 733.710(3), Fla. . . .
. . . claims were timely because they were filed within the two-year limitation period set forth in section 733.710 . . . from the probate court pursuant to section 733.702(3) within the two-year window set forth in section 733.710 . . . Subsections (1) and (2) of section 733.2121 state: (1) Unless creditors’ claims are otherwise barred by s.733.710 . . . See § 733.710, Fla. Stat. (2011). "Limitations on claims against estates.” . . .
. . . (1) never begins to run and the known or reasonably ascertainable creditor is bound only by section 733.710 . . . See §§ 733.702, 733.710, Fla. Stat. (2006). . . . waived in a probate proceeding by failure to object to a claim on timeliness grounds, while section 733.710 . . . Section 733.702, Florida Statutes (2006), provides in relevant part: (1) If not barred by s. 733.710, . . . Our decision in Puzzo is consistent with the plain language of sections 733.702 and 733.710. . . .
. . . findings that: (1) the nursing home’s claim against the decedent’s estate was untimely pursuant to section 733.710 . . . ancillary estate more than two years after the decedent’s death, the claims were untimely under Section 733.710 . . . Section 733.710(1) states: Notwithstanding any other provision of the code, 2 years after the death of . . . The nursing home’s response to the motion argued that section 733.710(1) did not apply because its petition . . . requirements on ancillary personal representative “[u]nless creditors’ claims are otherwise barred by s. 733.710 . . .
. . . clear from the language of the statute and its place in Chapter 733 of the Probate Code that section 733.710 . . .
. . . extinguished, or at least reduced, by virtue of (a) the probate statutes of non-claim, sections 733.702 and 733.710 . . .
. . . served with the notice to creditors, he timely filed his claim within the two-year window of section 733.710 . . . extension from the probate court pursuant to section 733.702(3) within the two-year window of section 733.710 . . . window of section 733.702(1) but did file motion for extension of time within two-year window of section 733.710 . . .
. . . Section 733.710(1), Florida Statutes (1999), provides: Notwithstanding any other provision of the' code . . .
. . . . § 733.710(1). . . . Fla.- Stat. § 733.710(2). . . .
. . . argument that the former wife’s action was barred by the two-year statute of non-claim under section 733.710 . . .
. . . Operating Partners, L.P., 673 So.2d 163 (Fla. 4th DCA 1996) (construing the two-year period in section 733.710 . . .
. . . the trial court that the Macks’ claims against the estate are barred by sections 733.702(1)(3), and 733.710 . . . of time under section 733.702(3) until after the running of the two-year non-claim period in section 733.710 . . . Illinois National Insurance Company, 771 So.2d 1143, 1157 (Fla.2000), “section 733.710 is a jurisdictional . . . Section 733.702, Florida Statutes (2005) provides in pertinent part: (1) If not barred by s. 733.710, . . . Section 733.710 provides in pertinent part: 733.710 Limitations on claims against estates.— (1) Notwithstanding . . .
. . . it was not filed prior to the expiration of the two-year statute of limitations set forth in section 733.710 . . . clear from the language of the statute and its place in chapter 733 of the Probate Code that section 733.710 . . . recognizing that “[sjeveral statutes of limitation apply only to probate matters” and discussing section 733.710 . . .
. . . . § 733.710, Fla. Stat. Limitations on claims against estates. § 733.816, Fla. Stat. . . .
. . . We affirm on the basis of section 733.710, Florida Statutes (2002), which provides that “[two] years . . .
. . . action was timely filed by the purchaser in accordance with F.S. 733.702(1), F.S. 733.702(6) and F.S. 733.710 . . . Zilewicz was timely filed in accordance with sections 733.702 and 733.710, Florida Statutes (2003). . . . Zilewiez’s claim would not be time barred by the two-year statute of nonclaim in section 733.710, which . . .
. . . At this point, creditors' claims are likely barred by section 733.710, Florida Statutes (2004), a two-year . . .
. . . Appellant objected on the basis of section 733.710(1). . . . Section 733.710 Florida Statutes (2001), entitled “Limitations on claims against estates,” provides: . . . The supreme court explained that section 733.710 “ ‘obviously represents a decision by the legislature . . . Pursuant to section 733.710(1), the claims were barred. . . . Such a situation would conflict with the purpose behind section 733.710(1). . . .
. . . . § 733.710, Fla. Stat. Limitations on claims against estates. § 733.816, Fla. Stat. . . .
. . . See § 733.710(1), Fla. . . . Co., 771 So.2d 1143, 1157 (Fla.2000) (“section 733.710 is a jurisdictional statute of non-claim that . . .
. . . argued Albritton’s complaint was frivolous because: (1) It was untimely, and thus barred by section 733.710 . . . repose Albritton was unable to toll as a matter of law; and (2) Even if it was possible to toll section 733.710 . . . for which Albritton sought reimbursement were post-death expenses which were not subject to section 733.710 . . . claim, there was a justiciable issue of law based on a conflict of authority as to whether section 733.710 . . . that, pursuant to specific probate code provisions, post-death expenses are not subject to section 733.710 . . .
. . . Section 733.710, Florida Statutes (1987) does not bar Robert Coba’s claim. Reversed and remanded. . . . .
. . . proceedings more than two years after the expiration of the two-year statute of nonclaim imposed by section 733.710 . . . her failure to file her claim against the estate within the two-year period established by section 733.710 . . . within two years after the settlor’s death, section 737.3057(3) (the trust claims counterpart of section 733.710 . . . The estate was not opened, however, until after the two-year nonclaim period established in section 733.710 . . .
. . . . § 733.710, Fla. Stat. Limitations on claims against estates. § 733.816, Fla. Stat. . . . Compromise. § 733.710, Fla. Stat. Limitations on claims against estates. § 734.102, Fla. Stat. . . .
. . . case, Thompson argues that Hodson’s claim against the estate was time-barred by sections 733.702 and 733.710 . . . This motion argued that Hodson’s claim against the estate was time-barred by sections 733.702 and 733.710 . . . statement of claim concerning fees and costs was not timely filed according to sections 733.702 and 733.710 . . .
. . . . § 733.710. In May v. . . .
. . . . § 733.710, Fla. Stat. (1991); May v. Illinois Nat’l Ins. . . . Co., 771 So.2d 1143, 1157 (Fla.2000)(“[S]ection 733.710, Florida Statutes (1991), is a jurisdictional . . . May, 771 So.2d at 1156 (“[T]he claimant cannot avoid [§ 733.710] by showing ... fraud or estoppel or . . . Lastly, the trial court rejected the Arencibias’ claim that section 733.710 was inapplicable to a claim . . . Santiago Arencibia as party-plaintiffs because the new claims are barred by the non-claims statute. § 733.710 . . .
. . . Ferrera (Ferrera) argues that Albritton’s claim as a creditor of the estate was time-barred by section 733.710 . . . ; and (3) at the time of the initial claim, there was a conflict of authority as to whether section 733.710 . . . SDI Operating Partners, L.P., 673 So.2d 163 (Fla. 4th DCA 1996) (section 733.710 is a jurisdictional . . . Carter, 658 So.2d 560 (Fla. 3d DCA 1995) (section 733.710 is a statute of limitation, and estate could . . . Compton, 662 So.2d 722 (Fla. 1st DCA 1995); §§ 733.702 and 733.710, Fla. Stat. . . .
. . . Section 733.710 is a jurisdictional statute of nonclaim and not an ordinary statute of limitations. . . . Great Western Bank, 692 So.2d 146 (Fla.1997), bars the recoupment theory, again because section 733.710 . . . See n. 7, below. . § 733.710, Fla. Stat. (2000). . . . . Debtors argue that section 733.710 applies only to claims for money or property against the decedent's . . . See § 733.710(1), Fla. . . .
. . . Section 733.710 provides in part: (1) Notwithstanding any other provision of the code, 2 years after . . . SDI Operating Partners, L.P., 673 So.2d 163 (Fla. 4th DCA 1996) (section 733.710 is “an absolute bar-akin . . . against an estate more than two years after the death of the decedent, this court did not address section 733.710 . . .
. . . The question is as follows: WHETHER SECTION 733.702 AND SECTION 733.710 OF THE FLORIDA STATUTES CONSIDERED . . . may be extended by the probate court based on fraud, estoppel, or insufficient notice; (2) section 733.710 . . . the filing of the petition and counter-petition “satisfied the nonclaim period set forth in section 733.710 . . .
. . . With this determination in mind, we now turn our attention to section 733.710. B. . . . SECTION 733.710 Section 733.710, Florida Statutes (1991), provides: (1) Notwithstanding any other provision . . . After reading section 733.710 in pari materia with section 733.702, see Pezzi v. . . . There is no extension provision, moreover, in section 733.710. . . . Compare § 733.710, Fla. Stat. (1999), with § 733.710, Fla. Stat. (1991). . . . .
. . . We affirm the trial court’s determination that the petition was barred by operation of section 733.710 . . . Petz’s death and was barred because section 733.710 functions as a statute of repose. . . . Section 733.710, Florida Statutes (1997), is entitled “Limitations on claims against estates” and provides . . . Presently, the courts have arrived at two divergent views of the proper interpretation of section 733.710 . . . We conclude that section 733.710 is a statute of repose that bars Lutheran Brotherhood’s untimely filed . . .
. . . See §§ 733.702, 733.703, 733.710, Fla. Stat. (1991). . . . The characterization of section 733.710 is no more settled. . . . The personal representative/widow moved to strike the claim as being barred by section 733.710, and the . . . The hospital appealed, arguing that “733.710 is a statute of limitations, rather. than of repose, [and . . . The personal representative appealed, arguing that section 733.710 was a statute of repose that erased . . .
. . . I cannot subscribe to the view that section 732.102 or section 733.710 may be harmonized with and construed . . . Section 733.710 is generally designed to limit, reduce, extinguish or nullify all claims so as to hasten . . . Lloyd, 616 So.2d 415 (Fla.1992), section 733.710 constitutes a non-claim statute or a “statute of repose . . . es-toppel or insufficient notice of the claim beyond two years following the death of the decedent. § 733.710 . . . In a word, that is because sections 733.702(4)(a) and 733.710(3) exclude a “security interest, or other . . . .— (1) If not barred by § 733.710, no claim or demand against the decedent’s estate that arose before . . .
. . . Subsection 733.702(1) provides in pertinent part: (1) If not barred by s. 733.710, no claim or demand . . .
. . . 1997, along with a petition for extension of time to file its claim pursuant to sections 733.702 and 733.710 . . .
. . . When she refiled her claim several years later, it was untimely under sections 733.705 and 733.710, Florida . . . Section 733.710 provides that the estate is not liable for claims filed two years from the date of the . . . Although section 733.710(3) states that the section does not affect “the lien of any duly recorded mortgage . . .
. . . claim against Homer based on the two-year statute of limitations provided in sections 733.702(5) and 733.710 . . .
. . . The final summary judgment was based on plaintiffs’ failure to comply with sections 733.702 and 733.710 . . . The resolution of this issue depends on an interpretation of sections 733.702 and 733.710, which place . . . Sections 733.702 and 733.710 are part of Chapter 733, Florida’s probate code. . . . Section 733.710, by its own terms, does not bar a cause of action against a decedent; it merely states . . . The language in section 733.710 limiting the liability of specific parties should be contrasted with . . .
. . . the sales agreement was a claim barred by the limitation periods set forth in sections 733.702 and 733.710 . . . The first three addressed the effect of sections 733.702 and 733.710, Florida Statutes. . . .
. . . Carter, 658 So.2d 560, 563 (Fla. 3d DCA 1995) (section 733.710, Florida Statutes, which mandates that . . .
. . . The issue emerging from this appeal is whether section 733.710, Florida Statutes (1991), is a statute . . . Section 733.710 was part of a package of amendments to the Probate Code that the legislature adopted . . . Section 733.710 is found in part VII of chapter 733, entitled “Creditors’ Claims.” . . . There is no extension provision, moreover, in section 733.710. . . . To repeat ourselves, there is no ambiguity in the words used in section 733.710. . . .
. . . the period authorized in section 733.702, but also beyond the two-year period established in section 733.710 . . .
. . . the ground that it was filed more than two years after his death and was therefore barred by section 733.710 . . . , Florida Statutes (1989): 733.710. . . . Prior to 1989, section 733.710 provided as follows: 733.710 Limitations against unadminis-tered estates . . . There is no basis, however, for the conclusion that section 733.710 is such a statute: 1. . . . It is obvious that the language of 733.710 invokes Barnett rather than Parson. . . .
. . . a finding that Sun Bank’s claim was barred by the limitation provision of Florida Statutes Section 733.710 . . . Thus, by operation of 733.710, Sun Bank’s right to file its claim was extinguished on September 14, 1991 . . .
. . . creditor required to be served with a copy of the notice of administration, unless barred by section 733.710 . . .
. . . the [claimant was reasonably ascertainable, said claim is barred” as untimely, pursuant to section 733.710 . . . Pope, 485 U.S. 478, 108 S.Ct. 1340, 99 L.Ed.2d 565 (1988), the creditor contends that section 733.710 . . . lack of notice of the estate’s administration, the claim is barred as untimely, pursuant to section 733.710 . . . Section 733.710(1), Florida Statutes (1989), provides: Notwithstanding any other provision of the code . . .
. . . Payment of and objection to claims. ⅞⅛⅛ 733.710, Fla.Stat. . . . Compromise. § 733.710, Fla.Stat. Limitations on claims against estates. § 734.102, Fla.Stat. . . .
. . . WIGGINTON and KAHN, JJ., concur. .Section 733.710, Florida Statutes (1987), provided in pertinent part . . . Section 733.710, as amended, does not apply in this case as the amended version became effective after . . . The earlier version of section 733.710, quoted above, cannot operate as a bar to appellant’s claim because . . .
. . . administration and by not being filed within two years of the death of the decedent “as required by Section 733.710 . . . Section 733.710 does not apply to this case as that section was enacted by chapter 89-340, Laws of Florida . . .
. . . arose during the administration of the estate, is time barred by either section 733.702 or section 733.710 . . . Section 733.710, the 1987 version of which is applicable to the claim in this case which allegedly arose . . .
. . . months, a lawsuit could be filed at any time until three years after the decedent’s death, see section 733.710 . . .
. . . F.S. 733.710 Limitations against unad-ministered estates. . . .
. . . F.S. 733.710 Limitations against unad-ministered estates. . . .
. . . statute of limitations period of time or a period of “non-claim”, like sections 731.111, 733.709, or 733.710 . . .
. . . Automobile Mutual Insurance Company) moved for summary judgment on the theory that Florida Statute 733.710 . . . The relevant portion of the statute reads as follows — 733.710 Limitations against unadministered estates . . . Florida Statutes 733.702(3) (b) and 733.710, on the other hand, are nonclaim statutes. . . . The third party defendants contend that 733.710 applies to all unadministered estates (see Berger v. . . . The court, therefore, concludes that Florida Statutes 733.702(3) (b) and 733.710 must be read in pari . . .
. . . Sections 733.701-733.710, Florida Statutes (1975), deal with the procedure involved in filing and enforcing . . .