SPOHR v. BERRYMAN

No. 89-1766.

564 So.2d 241 (1990)

Anna M. SPOHR, William E. Spohr, Jr., and Joan A. Gardner, Appellants, v. John C. BERRYMAN, Personal Representative of the Estate of William E. Spohr, and Janet W. Spohr, Appellees.

District Court of Appeal of Florida, Fourth District.

July 18, 1990.


Attorney(s) appearing for the Case

Peter Matwiczyk of Mettler & Gilson, Palm Beach, for appellants.

Bridget Ann Berry and Leonard J. Adler of Shapiro & Bregman, P.A., West Palm Beach, for appellee-John C. Berryman, Personal Representative of the Estate of William E. Spohr.

Freeman W. Barner, Jr., of Cromwell, Pfaffenberger, Dahlmeier, Barner & Griffin, North Palm Beach, for appellee-Janet W. Spohr.


POLEN, Judge.

Appellants ask this court to address the question of whether the timely filing of a complaint in a civil proceeding satisfies the probate statutory requirement that claimants must file their claims in the decedent's probate proceeding within a prescribed time frame and manner. § 733.702, Fla. Stat. (1987). The trial court, in a two-step process, concluded section 733.702 was applicable and the filing of the civil complaint did not satisfy the statutory...

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