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DEPT. OF REVENUE v. FLA. NAT. BANK

No. 87-95.

516 So.2d 1147 (1987)

DEPARTMENT OF REVENUE, Appellant, v. FLORIDA NATIONAL BANK, Etc., Appellee.

District Court of Appeal of Florida, Fifth District.

December 24, 1987.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee and Kevin J. ODonnell, Asst. Atty. Gen., Tallahassee, for appellant.

John B. Walkup, Jr., Ocala, for appellee.

ORFINGER, Judge.

The issue in this case is whether the trial court erred in denying the Department of Revenue's (Department) motion to extend the time for filing an independent action against the estate of B. Miles Hammond. We conclude that in denying the extension of time, the trial court abused its discretion and we reverse.

The personal representative first published a Notice of Administration in the Hammond estate on March 25, 1986. Within the three month...

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