Lewsadder v. Estate of Lewsadder

Summary

The Florida Fourth District Court of Appeal considers whether claimants satisfied Florida Statutes section 733.705(4) by pursuing a pending California action, or by initiating arbitration, after the personal representative objected to their estate claims. The court held that the pending California action did not satisfy the independent-action requirement because the personal representative was never substituted as a defendant. It held that Drake Capital’s timely arbitration demand did satisfy the requirement because the indemnification agreement mandated arbitration, and remanded for consideration of an extension of time for the other claimants.

Holdings

1. A pending action filed against a decedent does not satisfy section 733.705(4)'s independent-action requirement unless the personal representative is properly substituted as a defendant or voluntarily substitutes into the action.
2. When a claim arises from an agreement requiring arbitration, a timely filed application for arbitration is an independent action within the meaning of section 733.705(4).

Questions Presented

1. Whether a pending California action to confirm an arbitration award satisfies section 733.705(4)'s independent-action requirement when the decedent's personal representative was never substituted as a defendant.
2. Whether a timely filed demand for arbitration satisfies section 733.705(4)'s independent-action requirement when the claim arises from an agreement mandating arbitration.

Disposition

reversed_and_remanded