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U.S. BORAX, INC. v. FORSTER

No. 97-4107.

764 So.2d 24 (1999)

U.S. BORAX, INC., Appellant, v. Nancy FORSTER, As Personal Representative of the Estate of Charles F. Reade, Sr., Appellee.

District Court of Appeal of Florida, Fourth District.

May 19, 1999.

Attorney(s) appearing for the Case

Roger D. Schwenke, Steven C. Dupre, and Susan L. Landy of the Law Office of Carlton, Fields, Ward, Emmanuel, Smith and Cutler, P.A., Tampa, for appellant.

Edna L. Caruso of the Law Office of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, and Jody H. Oliver of the Law Office of Gary, Dytrich & Ryan, P.A., North Palm Beach, for appellee.

TAYLOR, J.

The issue in this case is whether the federal Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), 42 USC § 9601 et seq., preempts Florida's nonclaim statute for filing claims against estates, Fla. Stat. section 733.702 (1995). U.S. Borax, Inc. ("Borax") appeals two orders entered by the Martin County probate court in favor of appellee, Nancy Forster, the personal representative of the Estate of Charles F. Reade...

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