KAREN GARELICK BELL, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RONALD B. GARELICK, DECEASED, APPELLANT,
v.
ELAINE E. HARRIS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FORREST J. HARRIS, JR., DECEASED, APPELLEE
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The court upheld the sufficiency of a statement of claim for wrongful death filed against an estate, rejecting the argument that an unliquidated claim must specify a dollar amount. The decision clarifies that creditors need only provide notice of the claim's basis, not a precise dollar figure, to comply with Florida's nonclaim statute.
An unliquidated claim for wrongful death need not state a specific dollar figure; the statement of claim is sufficient if it adequately puts the estate representative on notice of the basis of the claim. Neither § 733.703, F.S. (1977) nor Fla.R.P. & G.P. 5.490 requires a specific dollar amount in an unliquidated wrongful death claim.
[1] A statement of claim against an estate for wrongful death, which is unliquidated, is sufficient if it states the claim is in excess of $2,500.00 and within the jurisdicti…
[2] A statement of claim against an estate is sufficient if it adequately puts the estate on notice as to the basis of the claim.
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Join FLexlaw to unlock all legal intelligence“should be interpreted and applied so as to facilitate the settlement of estates in the interest of the public welfare, without unreasonably or unduly restricting the rights of creditors of such estates who in good faith and without laches endeavor to comply with the substantial and essential requirements of the statute”
Establishes the interpretive standard for Florida's nonclaim statute, favoring creditors' rights when they comply in good faith with essential requirements
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Join FLexlaw to unlock all legal intelligenceAppellee filed a timely statement of claim against the estate of Ronald B. Garelick for the wrongful death of Forrest J. Harris, Jr. The claim stated …
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SHIVERS, Judge.
Appellant seeks review of the Order upholding the sufficiency of a Statement of Claim filed by appellee against the Estate of Ronald B. Garelick, deceased. Appellant contends that this unliquidated claim must state the dollar amount claimed. We disagree and affirm.
This is the second time these parties have appeared before this Court on a matter involving this claim.1
Appellee’s Statement of Claim, timely filed, is premised on the wrongful death of appellee’s decedent. The Statement of Claim (to which appellant timely objected) is as follows:
The undersigned hereby presents for filing against the above estate this Statement of Claim and alleges:
1. The basis of this claim is for the wrongful death of FORREST J. HARRIS, JR., deceased.
2. The claimant is ELAINE E. HARRIS, the personal representative of the Estate of Forrest J. Harris, Jr., deceased, and presents this claim pursuant to Section 768.16, Florida Statutes, on behalf of the Estate of Forrest J. Harris, Jr., and as personal representative of said estate, and on behalf of all survivors as defined in Section 768.18, Florida Statutes.
3. ' The amount of the claim is presently unliquidated but is in excess of $2,500.00 and is within the jurisdiction of the Circuit Court in and for Duval County, Florida.
4. The claim is contingent upon the determination by a Court of competent jurisdiction, to-wit: The Circuit Court in and for Duval County, Florida, pursuant to a Civil Action for money damages to be filed for the wrongful death of Forrest J. Harris, Jr., deceased, which said Civil Action shall be filed should this claim be denied.
5. The claim is not secured.
6. The names and addresses of the survivors of Forrest J. Harris, Jr., deceased, are as follows:
(a) Children: Forrest J. Harris, III; Scott Joseph Harris; and Andrew Todd Harris, 3705 Montclair Drive, Jacksonville, Florida.
(b) Widow: Elaine E. Harris, 7901 Baymeadows Circle East, Apartment # 495, Jacksonville, Florida 32216.
7. The names and addresses of the attorneys for survivors are:
(a) Children: Charles W. Arnold, Jr., Esq., 2508 Gulf Life Tower, Jacksonville, Florida 32207.
(b) Widow: Walter L. Robison, Esq., 303 Liberty Street, Jacksonville, Florida 32202. Appellant contends that the Statement of Claim is insufficient on the ground it fails to adequately designate the amount claimed. Appellant cites § 733.703, F.S. (1977) and Fla.R.P. & G.P. 5.490 in support of her contention.
We hold that the Statement of Claim is sufficient. The nonclaim statute “. should be interpreted and applied so as to facilitate the settlement of estates in the interest of the public welfare, without unreasonably or unduly restricting the rights of creditors of such estates who in good faith and without laches endeavor to comply with the substantial and essential requirements of the statute . . . .” In Re Jeffries’ Estate, 136 Fla. 410, 181 So. 833, 837 (Fla.1938).
This Statement of Claim adequately puts appellant on notice as to the basis of the claim. Neither § 733.703, F.S. (1977) nor Fla.R.P. & G.P. 5.490 requires appellant to put a dollar figure in an unliquidated claim for wrongful death. Cf. § 768.042, F.S. (1977), which provides that in a wrongful death action the amount of general damages shall not be stated in the complaint.
AFFIRMED.
ERVIN and SHAW, JJ., concur. . 366 So. 2d 765 (Fla. 1st DCA 1979).
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Est. OF Mary Ann Shearer v. Agency FOR Health Care Admin., 737 So. 2d 1229 (Fla. 5th DCA 1999)…rt may permit the amendment of the claim at any time.” Changing the amount claimed to seek reimbursement for additional services rendered the recipient is not a defect in form, but of substance. . The cases on which Medicaid relies, Bell v. Harris, 381 So. 2d 1167 (Fla. 1st DCA), pet. for rev. denied, 392 So. 2d 1371 (Fla.1980) and Farr v. Clement, 202 So. 2d 613 (Fla. 2d DCA 1967), are distinguishable or, we conclude in the case of Farr, possibly wrongly decided. In Bell, the statement of claim was challenge…
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First Union Nat'l Bank OF Fla. v. Aftab, 689 So. 2d 1137 (Fla. 4th DCA 1997)…Florida Probate Rule 5.490(a) that a copy of a written document upon which a claim is based must be attached to the statement of claim. The statement of claim must be sufficient to put the estate on notice of the basis of the claim. Bell v. Harris, 381 So. 2d 1167 (Fla. 1st DCA 1980); § 733.703. As the supreme court said: [The nonclaim statute] should be interpreted and applied so as to facilitate the settlement of estates in the interest of the public welfare, without unreasonably or unduly restricting the…
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David R. MAY Ad Litem of the Estate of Oscar T. Bradley v. Ill. Nat'l Ins. Co., 190 F.3d 1200 (11th Cir. 1999)…im were omitted are inapposite. In each of those cases, unlike in the present case, a “statement of claim” was filed and the question was whether omission of an element listed in Rule 5.490 rendered the claim defective. See, e.g., Bell v. Harris, 381 So. 2d 1167, review denied, 392 So. 2d 1371 (Fla.1980) (failure to designate amount of claim); Farr v. Clement, 202 So. 2d 613 (Fla. 2d DCA 1967) (verifying an unverified claim and increasing the amount of the claim); In re Jeffries’ Estate, 136 Fla. 410, 181…
Authorities Cited
- In re Est. of J. B. Jeffries, 136 Fla. 410 (Fla. 1938)
- Bell v. Harris, 366 So. 2d 765 (Fla. 1st DCA 1978)