Skip to main content
· 5/15/1996

Comerica Bank v. SDI Operating Partners

Citations

  • 673 So. 2d 163
  • 1996 WL 252235

How courts have described this case

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

  • stating that \jurisdictional statutes of nonclaim operate to bar untimely claims without any action by the opponent and deprive the court of the power to adjudicate them\
  • construing the two-year period in section 733.710 as a statute of repose because the period cannot be enlarged by the court
  • section 733.710 is a jurisdictional statute of nonclaim that the court lacks the power to avoid
  • section 733.710 is “an absolute bar-akin to a statute of repose-that the court lacks the power to avoid”
  • \It is apparent that section 733.702(3) is unlike an ordinary statute of limitations in that it contains express language barring untimely claims without any necessity for the [personal representative] to object to the tardiness in filing.\ (footnote omitted)
  • “It is apparent that section 733.702(3) is unlike an ordinary statute of limitations in that it contains express language barring untimely claims without any neces sity for the [personal representative] to object to the tardiness in filing.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Farmer

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.