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GREER v. ESTATE OF SMITH

No. 75-1272.

342 So.2d 1007 (1977)

Jerry L. GREER, Appellant, v. ESTATE of Vivian Brown SMITH, Deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

February 11, 1977.

Attorney(s) appearing for the Case

James S. Theriac, III, of Wolfe, Kirschenbaum, Caruso & Mosley, P.A., Merritt Island, for appellant.

George Ritchie, Cocoa, for appellee.

SMITH, LARRY G., Associate Judge.

This is an appeal from a final order granting appellee's motion to dismiss appellant's complaint. The sole issue is whether the complaint was filed within the time allowed by Section 733.18(2), Florida Statutes (probate law) as it existed in January, 1975.

Appellant contends that he had three additional days to file suit under Rule 1.090(e) FRCP. Appellee contends that the rule...

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