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IN RE ESTATE OF UTLEY

No. 79-763.

380 So.2d 480 (1980)

In re ESTATE OF Catherine W. UTLEY, Deceased.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 21, 1980.

Attorney(s) appearing for the Case

Charles R. McKinnon of McKinnon & Stewart, Chartered, Vero Beach, for appellant, Henry B. Utley as Personal Representative.

Chester E. Clem, Jr., of Jackson & Clem, P.A., Vero Beach, for appellee, Joseph B. Fitzpatrick.

PER CURIAM.

The personal representative appeals on order requiring him to pay appellee's $5,000 claim against the estate predicated upon an unmatured promissory note. Appellant contends that the claim was barred by Section 733.709, Florida Statutes (1977). We reverse.

Section 733.709 provides:

733.709 Claims undisposed of after 1 year — When a person has filed a claim against an estate and the claim has not been paid, settled, or otherwise...

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