Florida District Courts of Appeal, 2007

Weiss v. Berkett

Weiss v. Berkett
Florida District Courts of Appeal · Decided February 7, 2007 · Lagoa, Suarez, Wells
949 So. 2d 1092; 2007 Fla. App. LEXIS 1466; 2007 WL 403505 (Southern Reporter, Second Series)

Weiss v. Berkett

Opinion of the Court

SUAREZ, J.

We grant the petition for writ of prohibition. The Florida Rules of Civil Procedure apply to adversarial proceedings in probate court. See Mangasarian v. Mercurio, 570 So.2d 356 (Fla. 3d DCA 1990); Fla. Prob. R. 5.020(d)(2); Fla. R. Civ. P. 1.420(e). The trial court has exceeded its jurisdiction as the order under review does not comport with the requirements of Florida Rule of Civil Procedure 1.420(e) for dismissal for lack of prosecution.

Petition for Writ of Prohibition granted.

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