PICCHIONE v. ASTI

No. 76-2321.

354 So.2d 954 (1978)

Nicholas PICCHIONE, d/b/a Nicholas Picchione & Co., Appellant, v. Robert ASTI, Earl DeMaris and Demetra DeMaris, Co-Personal Representatives of the Estate of Alfred DeMaris, Deceased, Appellees.

District Court of Appeal of Florida, Third District.

February 7, 1978.


Attorney(s) appearing for the Case

Sciarretta & Jackvony, Fort Lauderdale, for appellant.

Blackwell, Walker, Gray, Powers, Flick & Hoehl and James E. Tribble, Miami, for appellees.

Before PEARSON, NATHAN and HUBBART, JJ.


PER CURIAM.

This is an appeal from a summary final judgment entered in an action against the estate of Alfred DeMaris upon the basis that the plaintiff was barred from proceeding with the action because of his failure to file a claim in the estate pursuant to Section 733.702, Florida Statutes (1975). The fact of the plaintiff's failure was established on the record. The only suggested issue of fact is that the estate was...

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