final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County Lower
Tribunal No. 14-11578, Migna Sanchez-Llorens, Judge.
& Associates, P.A., and Elliot B. Kula, Ashley P.
Singrossi and William D. Mueller, for appellants.
Schlesinger Law Group, and Michael J. Schlesinger and
Alexander I. Cohen, for appellees.
SALTER, MILLER and GORDO, JJ.
appeal arises from a circuit court lawsuit involving disputed
claims of ownership of property (eight contiguous lots; the
"Property") along Royal Road in Coconut Grove,
Florida. The primary parties to the dispute are members of
the Weiss Family: the late Jack Weiss ("Father"),
his wife Caroline Weiss ("Mother"), and their
daughters Adeena Weiss Ortiz ("Ms. Ortiz") and
Alitza Weiss ("Sister").
final judgment ruled for the Mother and other defendants, and
against Ms. Ortiz as plaintiff. Ms. Ortiz appealed. The legal
issues presented are (1) whether the claims of Ms. Ortiz were
required to be filed and determined in the probate estate of
her Father, who passed away in 1995, and (2) if so, whether
those claims are barred by the special statutes of limitation
applicable to claims in a probate proceeding, sections
733.702 and 733.710, Florida Statutes (2014). The trial court
answered each of those questions, and we answer them, in the
and Procedural History
Ortiz, herself a licensed Florida attorney,  filed a circuit
court action against her Mother, the Estate of her Father,
her Sister's trust, and other parties who might claim an
interest in the Property. Ms. Ortiz's Third Amended
Complaint ("Complaint"), filed in 2016, included
two counts: fraudulent transfer of the Property, and an
action to quiet her title to the Property. Her Mother filed a
counterclaim against her to quiet title and for slander of
Ortiz's Complaint attached and referred to a bewildering
assortment of recorded and unrecorded documents, but the
trial court found that all were ultimately dependent on the
probate proceedings in the Father's Estate. The Mother
was appointed personal representative of the Estate, and the
Estate was administratively closed by the probate court in
undisputed that, at the time of the Father's death in
1995, record title to the Property resided in a Florida
corporation, "JAAC, Inc.," Ms. Ortiz alleged in the
Complaint that the corporate name stood for
"Jack-Adeena-Alitza-Caroline," and that each Weiss
family member was a 25% shareholder. Based on her own alleged
entitlement to those shares, Ms. Ortiz's Complaint also
purported to include derivative claims on behalf of JAAC
against her Mother, Sister, and the other defendants.
course of the lawsuit, Ms. Ortiz testified that she had no
physical shares, no tax returns, and no other documents
confirming such an interest. Her Mother and Sister contended
that her Mother and Ms. Ortiz's Father had owned the
shares as tenants by the entireties. The Father, an attorney,
formed JAAC in 1973, a time when he and the Mother purchased
the property through JAAC and Ms. Ortiz was a child. It was also
uncontroverted that Ms. Ortiz had never paid any part of the
property taxes, insurance, or maintenance relating to the
Cross-Motions for Summary Judgment and Motion ...