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949 So. 2d 1092

Weiss v. Berkett

District Court of Appeal of Florida

Decided February 7, 2007

District Court of Appeal of Florida · decided 2007-02-07

Relies on Mangasarian v. Mercurio

Decided 2007-02-07

SUAREZ, J.

¶1We 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.

¶2Petition for Writ of Prohibition granted.

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