Domnick v. Ware

District Court of Appeal of Florida

Domnick v. Ware

240 So. 2d 654, 1970 Fla. App. LEXIS 5644

CourtDistrict Court of Appeal of Florida

DecidedNovember 10, 1970

DocketNo. 70-210

StatusPublished

This text of 240 So. 2d 654 (Domnick v. Ware) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Domnick v. Ware, 240 So. 2d 654, 1970 Fla. App. LEXIS 5644 (Fla. Ct. App. 1970).

Pincite

Opinion

PER CURIAM.

Appellant seeks review of a final order of dismissal in a suit wherein he sought to recover certain property allegedly in the possession of an estate represented by the appellee. We affirm.

No claim was filed under § 733.16(1), Fla.Stat., F.S.A., to “personal property in the possession of the personal representative” within the time provided for therein. The complaint not alleging that the deceased held the property in question in a fiduciary capacity [e. g., Hodges v. Logan, Fla.1955, 82 So.2d 885; Buck v. McNab, Fla.App.1962, 139 So.2d 734], the appellant is relegated to his rights under § 733.-16(1), Fla.Stat., F.S.A.

Therefore, it affirmatively failing to appear that a claim had been filed and rejected within the statutory time, the trial judge was correct in dismissing the complaint with prejudice. Price v. Davis, Fla.App.1965, 180 So.2d 474; Hathaway v. Boyd, Fla.App.1966, 192 So.2d 8.

Affirmed.

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