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Pastor v. Pastor
Florida District Court of Appeal
929 So. 2d 576 (2006)
- Written by Tammy Boggs, JD
Facts
Cynthia Pastor (plaintiff) initiated a probate proceeding in Florida to administer the estate of Sydney Pastor. Pursuant to Florida law, Cynthia served a notice of administration on Richard Pastor (defendant). It was undisputed that Richard was served. More than three months after being served with the notice, Richard filed a petition to object to the probate proceeding. Richard asserted in his petition that Sydney was not domiciled in Florida at the time of death. The trial court dismissed the petition as untimely filed. Richard appealed, arguing that the issue of domicile pertained to the court’s subject-matter jurisdiction and therefore could not be waived by an untimely objection.
Rule of Law
Issue
Holding and Reasoning (Stone, J.)
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