PATRICIA POLLAK WEISS, PETITIONER,
v.
PHYLLIS POLLAK BERKETT, INDIVIDUALLY AND AS THE SUCCESSOR INTERIM TRUSTEE OF THE TRUSTS UNDER THE WILL OF ALBERT POLLAK, DECEASED, AND THE ALBERT POLLAK INTERVIVOS TRUSTS AND LLOYD S. BERKETT, AND CLERK OF THE COURTS HARVEY RUVIN, RESPONDENTS
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The Florida Supreme Court is considering amendments to Rule of Appellate Procedure 9.141, with a dissenting justice expressing concerns about the Court's jurisdiction and the process of rule amendment.
The dissenting justice believes the Court lacks constitutional authority to expand its jurisdiction by accepting belated petitions and disagrees with bypassing the Appellate Rules Committee for rule amendments.
A dissenting justice in a Florida Supreme Court case concerning amendments to Rule of Appellate Procedure 9.141 argues against the Court's jurisdictio…
The full statement of facts, procedural history, and disposition for this case are member content.
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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.