Posts

Showing posts from September, 2019

Herman v. Bennett

Herman v. Bennett, 278 So.3d 178 (Fla. 1st DCA 2019)
In the world of creditor's claims, the difference of just one day can make a world of difference. Here, a creditor filed their claim exactly 3 months and one day after the date of publication of the notice to creditors. The Court held that F.S. 733.702(1) is unambiguous- the three month limitations period begins to run on the date of the first publication of the notice to creditors. Florida Rule of Judicial Admin. 2.514, which provides for excluding the day of the event that triggers a time period when a statute does not specify a method of computing time is inapplicable here, because the statute clearly specifies the method for computing time. Thus, the claim was untimely and must be stricken.