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GRAINGER v. WALD

No. 1D09-0765.

29 So.3d 1155 (2010)

Athena F. GRAINGER, as personal representative of the Estate of Samuel Gus Felos, Appellant, v. Howard B. WALD, Jr., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 22, 2010.

Attorney(s) appearing for the Case

Rhonda B. Boggess of Taylor, Day, Currie, Boyd & Johnson, Jacksonville, for Appellant.

S. Perry Penland, Jr. of S. Perry Penland, Jr. P.A., Jacksonville, for Appellee.

HAWKES, C.J.

Appellant serves as the personal representative of the estate of Samuel Gus Felos. As personal representative, she challenges the denial of her petition to strike a claim filed against the estate by Wald as untimely under section 733.702(1), Florida Statutes (2009). The probate court denied the petition, finding the time constraints of section 733.702(1) inapplicable because the notice to creditors was improperly served on Wald. We find this reasoning...

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