Florida District Courts of Appeal, 1982

Herskowitz v. Nesbitt

Herskowitz v. Nesbitt
Florida District Courts of Appeal · Decided September 21, 1982 · Barkdull, Jorgenson, Schwartz
419 So. 2d 418; 1982 Fla. App. LEXIS 21178 (Southern Reporter, Second Series)

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.

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