PROBATE CORNER
DAVID M . GARTEN
Issue : Can You Amend A Statement Of Claim Outside the Claims Period ? ( Continued )
At the evidentiary hearing , the probate court , apparently relying on Flynt v . Progressive Consumers Ins . Co ., 980 So . 2 d 1217 ( Fla . 5th DCA 2008 ) which provides that Florida law permits a party to rescind a contract based on unilateral mistake unless the mistake results from an inexcusable lack of due care , found that the unilateral mistake committed by Gina ' s attorneys in preparing the statement of claim " was not the result of [ an ] inexcusable lack of due care " and rescinded Gina ’ s satisfaction and release of claim . The court also determined that Gina ' s filing of her amended claim was permissible and was not time-barred and it ordered the PR to pay Gina ' s amended claim . The appellate court , in reversing the trial court , found that the unilateral mistake resulted from an inexcusable lack of due care on the part of Gina ’ s attorneys in preparing the statement of claim .
In Estate of Shearer v . Agency for Health Care Admin ., 737 So . 2d 1229 ( Fla . 5th DCA 1999 ), decedent received Medicaid benefits prior to her death . Medicaid filed a claim and stated that the amount was subject to amendment . Medicaid subsequently filed its amended claim after the claims period had expired and the PR petitioned to strike the claim as untimely . The court denied the petition and the PR sought review . The appellate court , in reversing the trial court , reasoned as follows : “ Amendment of a claim outside the claims period is permissible where the amendment cures a defect of form , but is impermissible if it changes the nature or amount of the claim . See Black v . Walker , 140 Fla . 48 , 191 So . 25 ( 1939 ) ( affirming allowance of amendment filed outside the filing period where amendment " was for the same amount and purpose as the original claim "); In re Grist ' s Estate , 83 So . 2d 860 ( Fla . 1955 ) ( amendment permissible because no additional facts had to be proved to support the claim and the parties in interest and essential elements of the claim remained the same ). Here , because the amounts
claimed in the amendment were for separate and distinct services requiring different proofs , untimely amendment should not have been permitted .”
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PALMBEACHBAR . ORG 19
The Palm Beach County Bar Association ' s Solo & Small Firm Committee presents
Help ! My Client is Being Investigated . What Do I Do ?
Thursday , June 9 , 2022 12:00 P . M . - 1:00 P . M . Live via Zoom
PBCBA Members : $ 15.00 Non-Members : $ 25.00
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