PASTOR v. PASTOR

No. 4D05-2149.

929 So.2d 576 (2006)

Richard C. PASTOR, Appellant, v. Cynthia H. PASTOR, individually and as Personal Representative of the Estate of Sydney Pastor, Mark J. Herlan, and Martin J. Herlan, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 16, 2006.


Attorney(s) appearing for the Case

Marie Tomassi, Karen E. Lewis, and John A. Williams of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., St. Petersburg, for appellant.

Jack J. Aiello and William T. Hennessey of Gunster, Yoakley & Stewart, P.A., West Palm Beach, for Appellee-Cynthia H. Pastor.

Henry H. Fox of Berger Singerman, P.A., Fort Lauderdale, for Appellees-Mark J. Herlan and Martin J. Herlan.


STONE, J.

The trial court dismissed, as untimely filed, Appellant's amended petition to revoke probate. We affirm.

Appellant claims that the decedent was not domiciled in Florida at the time of death. It is undisputed, however, that Appellant's petition was not filed within three months after the date of service of a copy of the notice of administration. Therefore, pursuant to section 733.212(3), Florida Statutes, Appellant's claims are barred. See Rogers...

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