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MACKLE v. MACKLE

No. 80-415.

389 So.2d 1081 (1980)

Milbrey Wright MACKLE, As Personal Representative of the Estate of Elliott Mackle, Appellant, v. Robert MACKLE, Frank Mackle, Morris Salomon, the Mackle Company, a Florida Corporation, and Farrand Corporation, a Florida Corporation, Appellees.

District Court of Appeal of Florida, Third District.

November 4, 1980.

Attorney(s) appearing for the Case

William Snow Frates, Floyd, Pearson, Stewart, Richman, Greer & Weil and Bertha Claire Lee, Miami, for appellant.

Podhurst, Orseck & Parks and Walter H. Beckham, Jr. and Joel D. Eaton, Miami, for appellees.

Before HENDRY, SCHWARTZ and NESBITT, JJ.

SCHWARTZ, Judge.

On the basis of Section 733.104(1), Florida Statutes (1979), the trial judge dismissed this action for fraud allegedly committed during his lifetime upon Elliott Mackle, the decedent of the plaintiff-personal representative, because the complaint was filed more than one year after his death. This was error.

Section 733.104(1) provides:

Suspension of statutes of limitation in favor of the personal representative.-

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