Atlantic Nat. Bank of Jacksonville v. Kirkwood

• Decision Date: 11 December 1942
• Citation: 152 Fla. 59,10 So.2d 743
• Parties: ATLANTIC NAT. BANK OF JACKSONVILLE v. KIRKWOOD.
• Court: Florida Supreme Court

10 So.2d 743

152 Fla. 59

ATLANTIC NAT. BANK OF JACKSONVILLE v. KIRKWOOD.

Florida Supreme Court

December 11, 1942

Appeal from Circuit Court, Dade County; Arthur Gomez Worth W. Trammell and Paul D. Barns, Circuit Judges.

Redfearn & Ferrell, of Miami, for appellants.

A. Frank Katzentine and W. Sanders Gramling, both of Miami, for appellee.

ADAMS, Justice.

This appeal presents one question. That is, where a claim is filed against an estate and objections are filed thereto thus limiting the time for bringing action thereon to two calendar months, and the two months have expired, then does the county judge have power to extend the time for suing on the claim.

We are called upon to construe Section 122, paragraph 2, c. 16103, of the Probate Act of 1933. Section 733.18, Florida Statutes 1941 which is: '(2) On or before the expiration of ten calendar months from the first publication of notice to creditors, any personal representative or other person interested in the estate may file in the office of the county judge written objection to any claim or demand filed; and if such objection shall be filed the claimant shall have twelve calendar months from the first publication of notice to creditors in which to bring appropriate suit, action or proceeding upon such claim unless the time be limited as hereinafter provided. An objection filed to any unmatured claim matures the same for the purpose of the establishment of the validity and amount thereof by suit. If objections are filed, the person filing the same may serve a copy of such objections by registered mail or personal service on the creditor to whose claim he objects and also on the personal representative if the objections be filed by any interested person other than the personal representative, and, in such event, the claimant shall be limited to two calendar months from the date of such service within which to bring appropriate suit, action or proceedings upon such claim. The county judge for good cause shown may extend the time for filing objections to any claim or demand and may likewise for good cause shown extend the time for filing appropriate suit, action or proceedings upon any such claim after objection filed; but, in either event, said extension of time shall be granted only after due notice of such application. No suit, action or proceeding shall be brought against any personal representative after the time limited above. If objection...