HERBERT SHESSEL, ET AL., APPELLANTS,
v.
ESTATE OF MARY EDITH CALHOUN, DECEASED, APPELLEE
HERBERT SHESSEL, ET AL., APPELLANTS,
ESTATE OF MARY EDITH CALHOUN, DECEASED, APPELLEE
573 So. 2d 962
Florida District Court of Appeal, Third District (1991)
Positive Treatment
Cited by 6 cases
Opinion of the Court
SCHWARTZ, Chief Judge.
The order striking the appellants’ claim because of an alleged failure to maintain an independent action against the estate as required by section 733.705(4), Florida Statutes (1989) is reversed on the ground that the pendency of a federal action against the decedent — in which her estate was substituted as a party defendant and which indeed had gone to a judgment which is presently on appeal — fully satisfied that requirement. In re Estate of Brown, 421 So. 2d 752 (Fla. 4th DCA 1982); see In re Estate of Klotz, 394 So. 2d 509 (Fla. 5th DCA 1981); Cloer v. Shawver, 177 So. 2d 691 (Fla. 1st DCA 1965); see also Scutieri v. Estate of Revitz, 510 So. 2d 1003 (Fla. 3d DCA 1987), review denied, 519 So. 2d 986 (Fla.1988).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. FOX, 587 So. 2d 464 (Fla. 1991)…BARKETT, Justice. We review Fox v. State, 573 So. 2d 962 (Fla. 4th DCA 1991), based on asserted conflict with Floyd v. State, 569 So. 2d 1225 (Fla.1990), cert. denied, — U.S. —, 111 S.Ct. 2912, 115 L.Ed.2d 1075 (1991).* Fox was charged by information with robbery. During jury selection, the prosecutor ex…
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Lewsadder v. Est. OF Charles William Lewsadder, 757 So. 2d 1221 (Fla. 4th DCA 2000)…resentative of the decedent’s estate, either by timely filed motion for substitution, see Cloer v. Shawver, 177 So. 2d 691, 694 (Fla. 1st DCA 1965), or by the personal representative’s voluntary substitution. See, e.g., Shessel v. Estate of Calhoun, 573 So. 2d 962, 962 (Fla. 3d DCA 1991); In re Estate of Brown, 421 So. 2d at 753. Our attention has not been drawn to any decision in this jurisdiction holding that a pending action, in which the defendant’s PR had not been properly substituted, satisfied the stat…
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Russell v. State, 683 So. 2d 207 (Fla. 3d DCA 1996)…PER CURIAM. Affirmed. See Fox v. State, 573 So. 2d 962 (Fla. 4th DCA), quashed on other grounds, 587 So. 2d 464 (Fla.1991).…
Authorities Cited
- Cloer v. Alma May Shawver under the Will of Titus Itly Shawver, 177 So. 2d 691 (Fla. 1st DCA 1965)
- Scutieri v. Est. OF Phil Revitz, 510 So. 2d 1003 (Fla. 3d DCA 1987)
- In re the Est. OF Richard Klotz v. Pike, 394 So. 2d 509 (Fla. 5th DCA 1981)
- In re The Est. of Jane Greer Kelly Brown v. Smith, 421 So. 2d 752 (Fla. 4th DCA 1982)