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An order was entered on January 19, 1978 by the probate court
extending the time thirty days from the date of the order.
Appellee's reasons for .seeking the extension of time in
her petition were the following: ~ -
. 2. That Petitioner employed attorneys in St. Lucie
County for the purpose of-pursuing said claim
Sam attorneys, due to illness, were not able-to
- handle the estate's claim. (Emphasis added)
3. The nature and extent of the claim being such
that the Petitioner was unable to trace certain
assets in the possession of the decedent neces-
sary to proceed to bring an action against the
decedent's estate.
4. That the -claimant is not a resident of the State
of Florida and as such is not familiar with the
nature and extent of the decedent's estate nor ~ - ;
the provisions of the Florida Probate Code.
The governing statute is Section 733.705(3), Florida
Statutes (1977), which states in part:
(3) The. claimant shall be limited to -30 days
from the date of service of an objection within -
which to bring an independent action upon the claim.
For ood cause, the court may extend the time for
filing an o jection to any claim or the time for
serving the objection, and may likewise extend the
time for filing an action or proceeding after objec-
tion is filed. The extension of time shall be
granted only after notice. No action or proceeding
shall be brought against the personal representative
after the time limited above. (Emphasis added).
The statute's nature and the test for establishing good
causz are discussed in In re: Goldman's Estate, 79 So.2d 846, 847 s
x
(F1a.1955): .
I
j It is held in this jurisdiction that since the
statute in question expressly authorizes. the county
judge, upon good cause shown, to extend the time for
bringing suit, the statute is not a statute of non-
! claim, as is section 733.16, Florida Statutes, F,S.A.,
but is a statute wherein "the stated time limits
~ operate as rules of judicial procedure.". In re
~ Jeffries' Estate, 136 Fla. <<10, 181 So.833,838.
Therefore, its provisions limiting the time for filing
suit may be relaxed, within the sound discretion of
i the court, so as to permit tte filing of suit even'
when the motion for extension of time is not made until
after the expiration of. the limitation period. In re
Jeffries' Estate, supra; Atlantic~t~ational Bank of
Jacksonville v. Kirkwood, 152 Fla. 59, 1~J So.2d 743.
But, as is clear .from the statute and the cited deci-
sions, a cause sufficient to authorize an extension
x of time for filing suit must be a "good cause," by which
it is meant that "the adjudication is to be governed
by a given standard of judicial action," In re Jeffries'
Estate, supra, -contemplating "a substantial reason, one
that affords a legal excuse," or a "cause moving the
a ~ court to its conclusion, not arbitrary or contrary to
all the evidence," and not raere "ignorance of law, hard-
~ shims on petitioner, and reliance on [another's] advice."
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