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Z & O REALTY ASSOCIATES, INC. v. LAKOW

No. 86-2435.

519 So.2d 3 (1987)

Z & O REALTY ASSOCIATES, INC. and Michael P. Octaviano, Appellants, v. Phyllis Zipes LAKOW and Iris Zipes Egan, As Co-Personal Representatives of the Estate of Phillip P. Zipes, Deceased, Appellees.

District Court of Appeal of Florida, Third District.

On Motion for Clarification September 1, 1987.

Attorney(s) appearing for the Case

Stanley Caidin, Miami, for appellants.

Kluger & Peretz and Steven Peretz, Miami, for appellees.

Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.

NESBITT, Judge.

The claimants appeal from an order of the probate court striking their claim against the decedent's estate for failing to file a written notice of their commencement of an independent civil action against the personal representative as required by section 733.705(3), Florida Statutes (1985). They argue that the statute constitutes an unconstitutional incursion into the authority of the Florida supreme court to promulgate rules of practice in the courts...

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