· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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