OLLIE LAN, ET AL.
v.
IN RE: ESTATE OF JAMES HOWARD RIDINGER
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Class claims cannot be filed in probate proceedings; each claimant must timely file an individual claim in the manner prescribed by statute or the claim becomes void.
[1] Under Florida Probate Code, class claims cannot be filed on behalf of unnamed members of a designated class; each individual claimant must timely file a claim in the mann…
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Join FLexlaw to unlock all legal intelligence“every claimant having a claim against the estate of a decedent, who is not within one of the several exceptions expressly provided in the statute, must in person or through agent or attorney timely file a claim in the manner prescribed by the statute or else the claim becomes void. If class claims could be filed on behalf of unnamed members of a specific designated class of persons, the statute of nonclaim could be rendered meaningless . . . .”
Court's rationale for prohibiting class claims in probate, citing In re Est. of Gay, 294 So. 2d 668, 670 (Fla. 4th DCA 1974)
Appellants sought to file a claim against the Estate of James Howard Ridinger. The circuit court rejected the claim, and appellants appealed.…
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Third District Court of Appeal State of Florida
Opinion filed December 17, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-0433 Lower Tribunal No. 22-5140-CP-02 ________________
Ollie Lan, et al., Appellants,
vs.
In Re: Estate of James Howard Ridinger, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Bertila Soto, Judge.
Lindemann Law Firm, and Blake J. Lindemann (Beverly Hills, CA); LMK Legal, and Laurence Marc Krutchik, for appellants.
Buchanan Ingersoll & Rooney, PC, and Roselvin S. Edelman, for appellee.
Before EMAS, FERNANDEZ and BOKOR, JJ.
PER CURIAM.
2
Affirmed. See In re Est. of Gay, 294 So. 2d 668, 670 (Fla. 4th DCA 1974) (“[E]very claimant having a claim against the estate of a decedent, who is not within one of the several exceptions expressly provided in the statute, must in person or through agent or attorney timely file a claim in the manner prescribed by the statute or else the claim becomes void. If class claims could be filed on behalf of unnamed members of a specific designated class of persons, the statute of nonclaim could be rendered meaningless . . . .”); Baillargeon v. Sewell, 33 So. 3d 130, 142 (Fla. 2d DCA 2010) (agreeing that Probate Code does not allow class claims to be filed in probate); see also Shotts v. OP Winter Haven, Inc., 86 So. 3d 456, 465 (Fla. 2011) (“It is for the court, not the arbitrator, to decide whether a valid written agreement to arbitrate exists.” (citation modified)).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Shotts v. OP Winter Haven, Inc., 86 So. 3d 456 (Fla. 2011)
- In re Est. of Clarence M. GAY, 294 So. 2d 668 (Fla. 4th DCA 1974)
- Baillargeon v. Sewell, 33 So. 3d 130 (Fla. 2d DCA 2010)