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ARKY v. HARRIS

No. 86-1750.

504 So.2d 813 (1987)

Marlin B. ARKY, Executor, Personal Representative of the Estate of Stephen W. Arky, Deceased, Appellant, v. Connie J. HARRIS, Superintendent, Division of Savings & Loan Associations, State of Ohio, Appellee.

District Court of Appeal of Florida, Third District.

April 7, 1987.

Attorney(s) appearing for the Case

Bruce Rogow, Fort Lauderdale, Horwich & Zager, Coral Gables, for appellant.

Fowler, White, Burnett, Hurley, Banick & Strickroot and Curtis Carlson, Miami, for appellee.

Before BARKDULL, HENDRY and JORGENSON, JJ.

PER CURIAM.

We find no abuse of discretion by a circuit judge, who is presiding in an estate matter, extending the time to file the notice of institution of an independent action required by Section 733.705(3), Florida Statutes (Supp. 1984),1 particularly when the independent action is commenced timely in the same court, and counsel for the personal representative had actual notice of the action within thirty days of the rejection of the...

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