DONALD JAMES BRUZZESE AND FRED DELEO, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1979-06-06
Nos. 78-1398, 78-1399
DOWNEY, C. J., and DAUKSCH, J., concur., ANSTEAD, J., concurs specially with opinion.
372 So. 2d 1129 Florida District Court of Appeal, Fourth District (1979) Caution
Cited by 22 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

DOWNEY, C. J., and DAUKSCH, J., concur. ANSTEAD, J., concurs specially with opinion.

Concurrence
ANSTEAD, Judge,

ANSTEAD, Judge,

specially concurring:

j concur on the authority of State v. Farrington, 338 So. 2d 81 (Fla. 4th DCA 1976); State v. Yenke, 288 So. 2d 531 (Fla. 4th DCA 1974), and Koptyra v. State, 172 So. 2d 628 (Fla. 2d DCA 1965).

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Cited By (11 total)

  • …ot sufficient to establish “good cause” to extend the time limitations in section 733.705(3) and its predecessor sections of Florida’s Probate Code is primarily addressed to the conscience and discretion of the probate judge. In re Estate of Oxford, 372 So. 2d 1129 (Fla. 2d DCA 1979), cert. denied, 383 So. 2d 1200 (Fla.1980). As characterized by the courts, the time periods set forth in section 733.705 and its predecessors are not firm statutes of nonclaim, but they operate as rules of judicial procedure.1 The…
  • Golden v. Atl. Nat'l Bank OF Jacksonville, 481 So. 2d 16 (Fla. 1st DCA 1985)
    …under Florida law that the time limitations in section 733.-705(3) may be relaxed within the sound discretion of the probate judge, even though the time limit may have expired prior to the filing of the motion for extension. In re Estate of Oxford, 372 So. 2d 1129 (Fla. 2d DCA 1979); In re Estate of Sale, 227 So. 2d 199 (Fla.1969); In re Estate of Kemp, 177 So. 2d 757 (Fla. 1st DCA 1965); In re Estate of Goldman, 79 So. 2d 846 (Fla.1955). The time limitations prescribed by section 733.705(3) for the filing of…
  • Ricciardelli v. Faske, 505 So. 2d 487 (Fla. 3d DCA 1987)
    …rved the creditors themselves; and (b) through a clerical error in the law firm’s office, the filing of the subject notices were thereafter calendared incorrectly. See In re Wilisch’s Estate, 384 So. 2d 223 (Fla. 3d DCA 1980); In re Oxford’s Estate, 372 So. 2d 1129 (Fla. 4th DCA 1979), cert. denied, 383 So. 2d 1200 (Fla.1980); English v. Hecht, 189 So. 2d 366 (Fla. 3d DCA), cert. denied, 194 So. 2d 619 (Fla.1966). Finally, given this showing of “good cause” for an extension of time within which to file the sub…

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