Estate of McKenzie v. Hi Rise Crane, Inc.
Estate of McKenzie through McIntosch v. Hi Rise Crane, Inc., --- So.3d ---, 2021 WL 3672215 (Fla. 1st DCA 2021)
The "relation back doctrine" as provided in F.S. 733.601 provides that a personal representative's powers "relate back in time to give acts by the person appointed, occurring before appointment and beneficial to the estate, the same effect as those occurring after appointment." Here, the nominated personal representative filed a workman's compensation petition for benefits on behalf of her deceased brother prior to her appointment as personal representative. The Judge of Compensation Claims dismissed her petition because she was not the personal representative when she filed the petition. The Court reversed, relying on Cunningham v. Florida Dep't of Child & Fams., which held that, "it follows, from the fact that the plaintiff can amend to reflect his capacity as personal representative, that claims which are properly recoverable by the personal representative...will also related back," Cunningham at 916.
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