HCA NEW PORT RICHEY HOSPITAL, APPELLANT,
v.
ESTATE OF CONSTANCE M. BOSCHELLI, DECEASED, APPELLEE

Fla. 2d DCA | 1991-10-09
No. 91-00251
SCHOONOVER, C.J., and PARKER, J., concur.
588 So. 2d 1012 Florida District Court of Appeal, Second District (1991) Positive Treatment
Cited by 4 cases

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Synopsis

HCA New Port Richey Hospital appealed the trial court's denial of its claim against the Estate of Constance M. Boschelli for unpaid medical bills. The appellate court held that because the hospital's claim was governed by the pre-1988 version of Florida's claims statute (which operated as a statute of limitation rather than a jurisdictional bar), the personal representative was required to affirmatively object to the claim, and the failure to do so required allowance of the claim.


Holding

The hospital had a valid claim because under the pre-1988 version of the claims statute applicable to this estate, the claims deadline operated as a statute of limitation (not a jurisdictional bar), which required the personal representative to affirmatively object to the claim. Since no timely objection was filed, the claim must be allowed.


Headnotes

[1] A statute of limitations must be affirmatively pled to bar an otherwise valid claim.

[2] The personal representative of an estate must object to a creditor's claim to avoid it on the basis of an applicable statute of limitations, under the version of chapter…

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Key Quotes

“A statute of limitations must be affirmatively pled to bar an otherwise valid claim.”

Establishes the core principle that under the pre-1988 statute, the personal representative had to object to invoke the statute of limitations defense

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Facts & Procedural History

Constance M. Boschelli died on August 16, 1985. A petition for administration of her estate was filed on April 27, 1987, with notice of administration…

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Opinion of the Court
CAMPBELL, Judge.

CAMPBELL, Judge.

The issue in this appeal is whether appellant, HCA New Port Richey Hospital, has a valid claim against appellee, the Estate of Constance M. Boschelli, Deceased. We hold that appellant does have a valid claim and reverse.

Appellant’s claim was for unpaid medical bills incurred during the last illness of Constance M. Boschelli, who died on August 16, 1985. A petition for administration of her estate was filed on April 27, 1987. Notice of administration was first published on November 11, 1987. Appellant filed its claim in the appellee estate on September 12, 1990. The personal representative of appellee never filed an objection to the claim.

The difficulty in this case lies in the fact that, from the time of decedent’s death in 1985, until 1988, when it was amended, the claims statute, section 733.702, Florida Statutes (1985), was deemed to be a statute of limitation, not a jurisdictional statute of nonclaim. See Barnett Bank v. Estate of Read, 493 So. 2d 447 (Fla.1986). As such, the personal representative had to raise the untimeliness of a claim as an affirmative defense by filing an objection to the claim. The statute has since been amended so that the time limit operates as a bar to untimely filed claims, even in the absence of an objection, unless the court grants an extension. That amendment to the statute, however, was specifically made applicable only to estates of decedents dying after July 1, 1988. Since Constance Boschelli died on August 16, 1985, the amendment does not apply to her estate.

On November 9, 1990, appellant, apparently under the mistaken belief that the new, amended statute applied, filed a motion to extend time for filing creditor’s claim and motion to compel payment thereof. At the time of filing that motion, the time for filing objections to claims under the old statute of limitations version of the statute had expired. Objections to claims under that section were required to be filed on or before the later date of four months from publication of notice or thirty days after the filing of the claim. In ruling upon appellant’s motion, the trial judge determined that appellant’s claim was time barred by appellant’s failure to file its claim within three months of the first publication of notice of administration and by not being filed within two years of the death of the decedent “as required by Section 733.710, Florida Statutes or any applicable Statute of Limitation.”

Section 733.710 does not apply to this case as that section was enacted by chapter 89-340, Laws of Florida, and specifically made applicable only to the estates of decedents dying after July 1, 1989. A statute of limitations must be affirmatively pled to bar an otherwise valid claim. Barnett Bank v. Estate of Read, 493 So. 2d 447 (Fla.1986); Goggin v. Shanley, 81 So. 2d 728 (Fla.1955). The trial judge also was apparently under the impression that section 733.702(3), Florida Statutes (1989), controlled when he denied appellant’s claim even though no objection to the claim had been filed. In that regard, we have considered the holding of In re Estate of Parson, 570 So. 2d 1125 (Fla. 1st DCA 1990), and find it inapplicable to this appeal. In re Parson found Barnett Bank inapplicable to that case because the 1983 version of chapter 733, considered by the court in Barnett Bank, had subsequently been substantially amended. As we have observed, those amendments do not affect the validity of appellant’s claim nor its appeal before us.

Under the version of chapter 733, applicable to this case, in order to avoid appellant’s claim on the basis of any applicable statute of limitation, the personal repre sentative was required to object to the claim. See Barnett Bank and Goggin. No such objection having been timely filed, the claim must be allowed.

We reverse and remand this case to the trial court for further treatment consistent with this opinion.

SCHOONOVER, C.J., and PARKER, J., concur.


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Citator

Cited By

  • …tute of limitations in that it contains express language barring untimely claims without any necessity for the [personal representative] to object to the tardiness in filing.” (footnote omitted)); HCA New Port Richey Hospital v. Estate of Boschelli, 588 So. 2d 1012, 1013 (Fla. 2d DCA 1991) (noting that since this Court decided Barnett Bank, the Legislature amended section 733.702 to make the statute “a bar to untimely filed claims, even in the absence of an objection, unless the court grants an extension”). Si…
  • Morgenthau v. Est. OF Richard M. Andzel & Sanders Boyer, 26 So. 3d 628 (Fla. 1st DCA 2009)
    …limitations in that it contains express language barring untimely claims without any neces [*632] sity for the [personal representative] to object to the tardiness in filing.”) (footnote omitted); HCA New Port Richey Hospital v. Estate of Boschelli, 588 So. 2d 1012, 1013 (Fla. 2d DCA 1991) (noting that since this Court decided Barnett Bank, the Legislature amended section 733.702 to make the statute “a bar to untimely filed claims, even in the absence of an objection, unless the court grants an extension ”)...…

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