IN RE THE ESTATE OF ARTHUR C. FARLEY, DECEASED

Fla. 4th DCA | 1988-01-20
No. 87-2251
LETTS, GLICKSTEIN and GUNTHER, JJ., concur.
520 So. 2d 619 Florida District Court of Appeal, Fourth District (1988) Caution
Cited by 16 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We grant petitioner’s writ of prohibition. The trial court did not have jurisdiction to reopen the inslant estate because the motion was untimely filed under rule 1.540, Florida Rules of Civil Procedure (1987). See also Fla.R.Civ.P. 1.090(b). However, the petition for writ of prohibition is granted without prejudice to the respondent to file an independent action.

LETTS, GLICKSTEIN and GUNTHER, JJ., concur.


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  • Palm Beach Cnty. v. Savage Constr. Corp., 627 So. 2d 1332 (Fla. 4th DCA 1993)
    …(Fla. 4th DCA 1988); Francese v. Tamarac Hosp. Corp., 504 So. 2d 546 (Fla. 4th DCA 1987). Cf., Michelin Reifenwerke, A.G. v. Roose, 462 So. 2d 54 (Fla. 4th DCA 1984), rev. denied, 475 So. 2d 696 (Fla.1985). Compare, Gray v. Executive Drywall, Inc., 520 So. 2d 619 (Fla. 2d DCA), rev. denied, 529 So. 2d 694 (Fla.1988) (Notwithstanding some common stock ownership, occupancy in the same office building and common representation of both at the site where the injury occurred, court upheld summary judgment in favor…
  • Rayner v. Aircraft Spruce-Advantage Inc., 38 So. 3d 817 (Fla. 5th DCA 2010)
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