Spohr v. Berryman
Florida Supreme Court
589 So. 2d 225 (1991)
- Written by Liz Nakamura, JD
Facts
William Spohr, decedent, contracted with his first wife, Anna Spohr (defendant), promising to leave one-half of his estate to Anna and their children. This agreement was incorporated into Anna and William’s 1954 divorce judgment. William married Janet Spohr (plaintiff) in 1955. William died in 1986, leaving his entire estate to Janet. The notice of administration for William’s estate was first published in January 1987. In April 1987, Anna sued William’s estate in the circuit court for breach of contract. Anna did not file a claim against the estate in probate court. Janet countered and filed a motion for summary judgment, arguing that Anna’s claim was time-barred because she failed to file a claim against the estate within three months of the filing of the notice of administration. The circuit court granted summary judgment, and Anna appealed. The district court reversed, holding that the three-month statute of limitations was inapplicable because Anna’s claim did not arise until after William’s death and the statute of limitations only applied to cases that arose before the decedent’s death. Janet appealed.
Rule of Law
Issue
Holding and Reasoning (Grimes, J.)
Dissent (Overton, J.)
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