HERMAN GRAYSON, AS ADMINISTRATOR OF THE ESTATE OF SIMON SILVERMAN, DECEASED, APPELLANT,
v.
GERTRUDIS MAEDER, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court reversed in part the trial court's denial of a motion to dismiss, holding that a fraud claim against a decedent's estate must comply with statutory notice requirements under Florida law, while allowing a contract claim to proceed.
A fraud claim against a decedent's estate must comply with the statutory notice requirements of § 733.16, Fla.Stat., or be dismissed, but a contract claim based on breach of a notarial agreement may proceed if statutory requirements are met.
[1] A fraud claim against a decedent's estate must comply with the statutory notice requirements of § 733.16, Fla.Stat., and failure to allege valid reasons for non-complianc…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceGertrudis Maeder filed an amended complaint against Herman Grayson, as administrator of Simon Silverman's estate, alleging two counts: breach of a not…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Motion To Dismiss cases and more on FLexlaw
The history and procedure followed in this case has been set forth, in part, in prior appeals. Grayson v. Maeder, Fla.App.1966, 186 So.2d 796; Maeder v. Grayson, Fla.App.1968, 222 So.2d 242; and Fla.App.1969, 227 So.2d 308. After the mandate was filed in the last case cited, the plaintiff, Gertrudis Maeder, filed an amended complaint containing two counts against Grayson, as administrator of the estate of Simon Silverman, deceased. In Count One Maeder sought damages for the alleged failure of the decedent to comply with certain terms of a notarial agreement which she and the decedent had executed. In Count Two Maeder sought to recover damages for a fraud which she alleged the decedent had committed as an inducement for the notarial agreement.
Grayson filed a motion to dismiss the amended complaint which was denied by the trial court and this appeal followed.
It appears that Maeder has timely and properly complied with the requirements of the statutory law insofar as the claims alleged in Count One but that she has not done so insofar as the claim alleged in Count Two. § 733.16, Fla.Stat. F.S.A. She has not alleged any valid reasons for non-compliance with the statute. See Davis v. Evans, Fla.App.1961, 132 So.2d 476.
*775The motion to dismiss should have been granted as to Count Two of the amended complaint but not as to Count One.
The order denying the motion to dismiss is, therefore, reversed in part and the cause remanded with instructions to dismiss Count Two of the amended complaint only.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Goldie Ette Neale for the Estate of Nazzareno Iovanna v. The Redins Corp., 320 So. 2d 840 (Fla. 4th DCA 1975)…on liability. We are cognizant of two cases from the Third District Court of Appeal wherein that court entertained interlocutory appeals in cases which appear to be factually simi [*841] lar to this one sub judice. Grayson v. Maeder, Fla.App.1971, 247 So. 2d 774; Poncier v. State, Dept. of Health & Rehab. Serv., etc., Fla.App. 1973, 284 So. 2d 463. However, we are unaware of the basis upon which that court determined it had jurisdiction in those cases. Believing as we do that this court does not have juris…
Authorities Cited
- Davis v. Evans, 132 So. 2d 476 (Fla. 1st DCA 1961)
- Grayson v. Gertrudis Maeder, 186 So. 2d 796 (Fla. 3d DCA 1966)
- Gertrudis Maeder v. Grayson, 222 So. 2d 242 (Fla. 3d DCA 1968)
- Gertrude Maeder v. Grayson, 227 So. 2d 308 (Fla. 3d DCA 1969)