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DENTON v. GETSON

No. 93-2097.

637 So.2d 82 (1994)

Carl DENTON, Appellant, v. Norman B. GETSON, Norman B. Getson, P.A., a Professional Association, Joyce Gentry Weldon, Individually and as Personal Representative of the Estate of Waneta Ruth Vella, Jai Gurdyal and Janet Gurdyal, his wife, Mellon Mortgage Company, a foreign corporation, Ricardo Silva and Ana Silva, his wife, Appellees.

District Court of Appeal of Florida, Fourth District.

May 25, 1994.

Attorney(s) appearing for the Case

Jack P. Attias, Key Biscayne, for appellant.

Joseph J. Huss of Romanik, Lavin & Huss, Hollywood, for appellee — Joyce Gentry Weldon.

PER CURIAM.

This was an action on a promissory note. The note contained a recital that it was secured by real property. Appellant, the payee and holder of the note, failed to file a claim against the estate of the payor of the note within the time permitted by section 733.702(3), Florida Statutes (1993). Upon motion, the trial court struck the complaint as a sham and final judgment was entered.

The Florida Supreme Court in Guaranty Life Ins. Co. of Florida...

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