Soriano v. Estate of Manes

Yvette Soriano (plaintiff) was the victim of a criminal battery by Luis Manes, decedent, that gave rise to criminal charges. Soriano’s attorney spoke to Luis’s criminal-defense attorney only once, solely regarding his engagement by Soriano. After Luis’s death, the State of Florida declined to prosecute Soriano’s case. Soriano allegedly planned to file a civil lawsuit in connection with the battery, but there was no evidence presented that she notified either Luis or anyone else about the planned suit. Luis’s estate was probated in Miami-Dade County. Luis’s ex-wife, Carmen Manes (defendant), as the personal representative of his estate, searched his home, his business, and all his documentary records to identify his creditors. In compliance with Florida law, Carmen published a weekly notice to creditors in a local Miami-Dade County newspaper for two consecutive weeks and personally served all identified creditors with a copy of the notice. Four months after the notice was published, Soriano filed a statement of claim against the estate. Soriano simultaneously petitioned to have her claim either declared timely or for an extension of time in which to file her claim, arguing that she was a reasonably ascertainable creditor and should have been personally served with a copy of the notice to creditors. The trial court held that Soriano was not a reasonably ascertainable creditor and dismissed her claim as untimely. Soriano appealed.