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· 6/21/1995

Baptist Hosp. of Miami, Inc. v. Carter

Citations

  • 658 So. 2d 560
  • 1995 WL 366678

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding a triable issue as to the estate’s estoppel to claim the limitations defense where the decedent’s surviv- or actively misled a hospital into believing that the decedent left no estate from which to collect outstanding bills
  • section 733.710, Florida Statutes, which mandates that creditors' claims against estate be filed within two years of decedent's death, is a statute of limitations
  • section 733.710 is a statute of limitation, and estate could be estopped from asserting limitation as a defense to untimely claim
  • \It is well settled ... as a general rule... that fraud or misrepresentation that misleads a claimant into a justified failure to assert his rights bars reliance on a statute of limitations.\
  • \It is well settled ... as a general rule... that fraud or misrepresentation which misleads a claimant into a justified failure to assert his rights bars reliance on a statute of limitations.\
  • \It is well settled ... as a general rule ... that fraud or misrepresentation that misleads a claimant into a justified failure to assert his rights bars reliance on a statute of limitations.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Schwartz, C.J., and Jorgenson and Levy

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.