JEAN A. HORN, PERSONAL REPRESENTATIVE OF THE ESTATE OF VICTOR E. HORN, DECEASED, APPELLANT,
v.
AIR SAL, INC., APPELLEE
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PER CURIAM.
This is an appeal by the personal representative of an estate from a trial court order extending the time within which an estate creditor may file an independent action against the said estate under Section 733.705(3), Florida Statutes (1985). We affirm the order under review upon a holding that a showing of good cause for the extension was made below based on a secretarial or clerical error in failing to properly calendar the date on which the said action had to be filed after proper instructions to do so by counsel — especially where the personal representative concedes that the fifteen-day late lawsuit herein in no way prejudiced the estate. See Dohnal v. Syndicated Office Sys., 506 So. 2d 1138, 1139 (Fla. 2d DCA 1987); Williams v. Estate of Williams, 493 So. 2d 44, 46 (Fla. 5th DCA 1986); Sessions v. Jelks, 194 So. 2d 307, 309 (Fla. 1st DCA 1967); cf. English v. Hecht, 189 So. 2d 366, 367 (Fla. 3d DCA), cert. denied, 194 So. 2d 619 (Fla.1966).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kelly Assisted Living Servs., Inc. v. The Est. OF Frederick K. Reuter, 681 So. 2d 813 (Fla. 3d DCA 1996)…nation of good cause sufficient to grant an extension where claim had been forwarded to the claimant’s collection division but it did not contain a computer entry that would normally indicate that an objection had been filed); Horn v. Air Sal, Inc., 519 So. 2d 1106 (Fla. 3d DCA 1988) (affirming an extension where the delay was due to secretarial or clerical error in calendaring the date on which the action had to be filed). In the instant case, Kelly’s claim was initially handled by its employees who acted wi…
Authorities Cited
- English v. Mary B. Hecht & the N. Forty Corp., 189 So. 2d 366 (Fla. 3d DCA 1966)
- R.W. Williams and Lois W. Mize v. The Est. OF Roy Levon Williams, 493 So. 2d 44 (Fla. 5th DCA 1986)
- Sessions v. Jelks, 194 So. 2d 307 (Fla. 1st DCA 1967)
- Forrest E. Honea v. State, 194 So. 2d 619 (Fla. 1966)
- Harvey v. State, 194 So. 2d 619 (Fla. 1966)
- Mikos v. Feld, 506 So. 2d 1138 (Fla. 2d DCA 1987)
- Dohnal v. Syndicated Offs. Sys., 506 So. 2d 1138 (Fla. 2d DCA 1987)