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SHESSEL v. ESTATE OF CALHOUN

No. 90-556.

573 So.2d 962 (1991)

Herbert SHESSEL, et al., Appellants, v. ESTATE OF Mary Edith CALHOUN, Deceased, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 20, 1991.

Attorney(s) appearing for the Case

Sams, Beckham, Spiegel, Alger & Criscione, Cooper, Wolfe & Bolotin and Sharon Wolfe and Linda G. Katsin, Miami, for appellants.

Joseph H. Murphy, Jr., Coral Gables, for appellee.

Before SCHWARTZ, C.J., and BASKIN and COPE, JJ.

SCHWARTZ, Chief Judge.

The order striking the appellants' claim because of an alleged failure to maintain an independent action against the estate as required by section 733.705(4), Florida Statutes (1989) is reversed on the ground that the pendency of a federal action against the decedent — in which her estate was substituted as a party defendant and which indeed had gone to a judgment which is presently on appeal — fully satisfied that requirement...

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