Horn v. Air Sal, Inc.

District Court of Appeal of Florida

Horn v. Air Sal, Inc.

519 So. 2d 1106, 13 Fla. L. Weekly 385, 1988 Fla. App. LEXIS 499, 1988 WL 8130

CourtDistrict Court of Appeal of Florida

DecidedFebruary 9, 1988

DocketNo. 87-1349

StatusPublished

Cited by1 cases

This text of 519 So. 2d 1106 (Horn v. Air Sal, Inc.) 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.

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Horn v. Air Sal, Inc., 519 So. 2d 1106, 13 Fla. L. Weekly 385, 1988 Fla. App. LEXIS 499, 1988 WL 8130 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

This is an appeal by the personal representative of an estate from a trial court order extending the time within which an estate creditor may file an independent action against the said estate under Section 733.705(3), Florida Statutes (1985). We affirm the order under review upon a holding that a showing of good cause for the extension was made below based on a secretarial or clerical error in failing to properly calendar the date on which the said action had to be filed after proper instructions to do so by counsel — especially where the personal representative concedes that the fifteen-day late lawsuit herein in no way prejudiced the estate. See Dohnal v. Syndicated Office Sys., 506 So.2d 1138, 1139 (Fla. 2d DCA 1987); Williams v. Estate of Williams, 493 So.2d 44, 46 (Fla. 5th DCA 1986); Sessions v. Jelks, 194 So.2d 307, 309 (Fla. 1st DCA 1967); cf. English v. Hecht, 189 So.2d 366, 367 (Fla. 3d DCA), cert. denied, 194 So.2d 619 (Fla.1966).

Affirmed.

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PER CURIAM.

This is an appeal by the personal representative of an estate from a trial court order extending the time within which an estate creditor may file an independent action against the said estate under Section 733.705(3), Florida Statutes (1985). We affirm the order under review upon a holding that a showing of good cause for the extension was made below based on a secretarial or clerical error in failing to properly calendar the date on which the said action had to be filed after proper instructions to do so by counsel — especially where the personal representative concedes that the fifteen-day late lawsuit herein in no way prejudiced the estate. See Dohnal v. Syndicated Office Sys., 506 So.2d 1138, 1139 (Fla. 2d DCA 1987); Williams v. Estate of Williams, 493 So.2d 44, 46 (Fla. 5th DCA 1986); Sessions v. Jelks, 194 So.2d 307, 309 (Fla. 1st DCA 1967); cf. English v. Hecht, 189 So.2d 366, 367 (Fla. 3d DCA), cert. denied, 194 So.2d 619 (Fla.1966).

Affirmed.

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519 So. 2d 1106, 13 Fla. L. Weekly 385, 1988 Fla. App. LEXIS 499, 1988 WL 8130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horn-v-air-sal-inc-fladistctapp-1988.

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