IN RE THE ESTATE OF RUBIN PERLMAN, DECEASED
PER CURIAM.
At issue is whether the trial court erred in denying a motion to strike a claim filed beyond the statutory time provided for the filing of claims against an estate. There is no dispute that the claim was untimely filed. Section 733.702, Florida Statutes (1977). Generally, absent the existence of certain recognized exceptions, a claim is barred unless timely filed. North v. Culmer, 193 So. 2d 701 (Fla. 4th DCA 1967). No exception is demonstrated in the record here. Accordingly, the order of the trial court is reversed and this cause is remanded with directions for further proceedings consistent herewith.
ANSTEAD, MOORE and BERANEK, JJ., concur.
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In re Est. OF Catherine W. Utley, 380 So. 2d 480 (Fla. 4th DCA 1980)…e right to assert it. We find that appellee’s claim fell within the purview of this section. The trial court cannot create an exception where the statute does not. In Re: Brown’s Estate, 117 So. 2d 478 (Fla.1960). See also In Re: Estate of Perlman, 381 So. 2d 248, (Fla. 4th DCA, Nov. 28, 1979). As to the waiver claim (which was actually an estoppel argument), the evidence was insufficient to establish that any conduct of the personal representative or his agents wrongfully induced the appellee to believe th…
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Steppe v. Louie Wainwright, 384 So. 2d 155 (Fla. 1st DCA 1980)…Fla.R.Crim.P. 3.850 provides a remedy by which the stated issue may be addressed. Petitioner’s failure to assert exhaustion of that remedy precludes relief by writ of habeas corpus. Henderson v. State, 184 So. 2d 646 (Fla.1966); Adams v. Wainwright, 381 So. 2d 248, (1st Fla.App. 1979); Fla.R.Crim.P. 3.850. Accordingly, the petition is denied. MILLS, C. J., and LARRY G. SMITH and WENTWORTH, JJ., concur.…
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Kleinschmidt v. SUN Bank OF Miami, 403 So. 2d 493 (Fla. 3d DCA 1981)…PER CURIAM. Affirmed. In Re Perlman’s Estate, 381 So. 2d 248 (Fla. 4th DCA 1979); Radiation, Inc. v. Campbell, 200 So. 2d 192 (Fla. 4th DCA 1967); Staley v. Jackson, 154 So. 2d 349 (Fla.2d DCA 1963); Ross v. Florida Sun Life Insurance Company, 124 So. 2d 892 (Fla.2d DCA 1960); Cooey v. Cooey, 132 Fla. 716, 18…
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- North v. Leome Culmer, 193 So. 2d 701 (Fla. 4th DCA 1967)