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COMERICA BANK v. SDI OPERATING PARTNERS

No. 94-3175.

673 So.2d 163 (1996)

COMERICA BANK & TRUST, F.S.B., Personal Representative of the Estate of Jeanne Kiefer, Appellant, v. SDI OPERATING PARTNERS, L.P., a Delaware limited partnership, Appellee.

District Court of Appeal of Florida, Fourth District.

May 15, 1996.

Attorney(s) appearing for the Case

Jay R. Dingledy of Schottenstein, Zox & Dunn Co., L.P.A., Columbus, Ohio, for appellant.

Jose O. Diaz and Carla L. Brown of Honigman Miller Schwartz and Cohn, West Palm Beach, for appellee.

FARMER, Judge.

The issue emerging from this appeal is whether section 733.710, Florida Statutes (1991), is a statute of repose, thus barring the claim in suit, or an ordinary statute of limitations empowering the probate judge to extend the time for filing the claim. We conclude that the statute states an absolute bar—akin to a statute of repose—that the court lacks the power to avoid. It follows that the claim...

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