Florida District Courts of Appeal, 1988

In re the Estate of Farley

In re the Estate of Farley
Florida District Courts of Appeal · Decided January 20, 1988 · Glickstein, Gunther, Letts
520 So. 2d 619; 13 Fla. L. Weekly 227; 1988 Fla. App. LEXIS 155; 1988 WL 2369 (Southern Reporter, Second Series)

In re the Estate of Farley

Opinion of the Court

PER CURIAM.

We grant petitioner’s writ of prohibition. The trial court did not have jurisdiction to reopen the inslant estate because the motion was untimely filed under rule 1.540, Florida Rules of Civil Procedure (1987). See also Fla.R.Civ.P. 1.090(b). However, the petition for writ of prohibition is granted without prejudice to the respondent to file an independent action.

LETTS, GLICKSTEIN and GUNTHER, JJ., concur.

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