Herskowitz v. Nesbitt

Florida District Courts of Appeal
Herskowitz v. Nesbitt, 419 So. 2d 418 (1982)
1982 Fla. App. LEXIS 21178
Barkdull, Jorgenson, Schwartz

Herskowitz v. Nesbitt

Opinion of the Court

PER CURIAM.

We agree with the trial court that the alleged fact that the appellees presided over the probate of an estate beyond the twelve month period provided by Sec. 733.-901, Fla.Stat. (1979) and Fla. R.P. & G.P. 5.400 did not render them without subject matter jurisdiction over the cause. Hence, the pertinent exception to the rule of absolute immunity from damage claims for judicial rulings made in an official capacity does not apply. Stump v. Sparkman, 435 U.S. 349, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978); Rivello v. Cooper City, 322 So.2d 602 (Fla. 4th DCA 1975); Ceinar v. Johnston, 134 Cal.App. 166, 25 P.2d 28 (1933). The dismissal with prejudice of the amended complaint is therefore

Affirmed.

Reference

Full Case Name
Judith HERSKOWITZ, individually and as Natural Guardian of Robert Herskowitz, and Mark Herskowitz, minor, by and through his Mother and Next Friend Judith Herskowitz v. Joseph NESBITT, Gene Williams, and Herbert M. Klein, individually and as Judges of the Circuit Court, In and For Dade County
Cited By
3 cases
Status
Published