PUBLIC HEALTH TR. OF DADE CTY. v. GABRILOVE

No. 76-1327.

349 So.2d 1228 (1977)

The PUBLIC HEALTH TRUST OF DADE COUNTY, Florida, an Agency and Instrumentality of Dade County, Florida, Which Operates Jackson Memorial Hospital, Appellant, v. Ella GABRILOVE, As Personal Representative of the Estate of Hillard Gabrilove, Deceased, Appellee.

District Court of Appeal of Florida, Third District.

September 27, 1977.


Attorney(s) appearing for the Case

Stuart L. Simon, County Atty. and James K. Kracht, Asst. County Atty., for appellant.

Burnett Roth, Miami Beach, for appellee.

Before HENDRY, C.J., and PEARSON and HUBBART, JJ.


HUBBART, Judge.

This case is an independent action to enforce a creditor's claim against an estate. The trial court dismissed the claim as untimely and the claimant appeals.

The sole issue raised by the appeal is whether Fla.R.Civ.P. 1.090(a), (e) is applicable in computing the statutory thirty day time period under Section 733.705(3), Florida Statutes (1975), within which a claimant must file suit on a claim against an estate after being served with the estate...

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