Herskowitz v. Nesbitt

District Court of Appeal of Florida

Herskowitz v. Nesbitt

419 So. 2d 418, 1982 Fla. App. LEXIS 21178

CourtDistrict Court of Appeal of Florida

DecidedSeptember 21, 1982

DocketNo. 81-1971

StatusPublished

Cited by3 cases

This text of 419 So. 2d 418 (Herskowitz v. Nesbitt) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Herskowitz v. Nesbitt, 419 So. 2d 418, 1982 Fla. App. LEXIS 21178 (Fla. Ct. App. 1982).

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Opinion

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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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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419 So. 2d 418, 1982 Fla. App. LEXIS 21178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herskowitz-v-nesbitt-fladistctapp-1982.

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