Weiss v. Berkett
Weiss v. Berkett
949 So. 2d 1092; 2007 Fla. App. LEXIS 1466; 2007 WL 403505
(Southern Reporter, Second Series)
Weiss v. Berkett
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.