Weiss v. Berkett

District Court of Appeal of Florida

Weiss v. Berkett

949 So. 2d 1092, 2007 Fla. App. LEXIS 1466, 2007 WL 403505

CourtDistrict Court of Appeal of Florida

DecidedFebruary 7, 2007

DocketNo. 3D06-3047

StatusPublished

This text of 949 So. 2d 1092 (Weiss v. Berkett) 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.

Bluebook

Weiss v. Berkett, 949 So. 2d 1092, 2007 Fla. App. LEXIS 1466, 2007 WL 403505 (Fla. Ct. App. 2007).

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Opinion

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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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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Bluebook (online)

949 So. 2d 1092, 2007 Fla. App. LEXIS 1466, 2007 WL 403505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiss-v-berkett-fladistctapp-2007.

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