IN RE TRANSITION RULE 19, FLORIDA PROBATE CODE
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The Florida Supreme Court adopted Transition Rule 19 to temporarily incorporate procedural provisions from the 1974 Florida Probate Code into the court's rules, pending promulgation of comprehensive new Probate and Guardianship Rules. This ensured uniform application of the new Probate Code's procedural aspects from its July 1, 1975 effective date until new rules could be formally adopted.
The Court adopted Transition Rule 19, which incorporated all procedural matters from the 1974 Florida Probate Code into the Court's rules as if promulgated by the Court itself, with Probate Code provisions controlling in case of conflict with existing rules. The rule became effective July 1, 1975, and would automatically terminate upon adoption of new Probate and Guardianship Rules.
[1] The Florida Supreme Court has exclusive rulemaking authority over procedural matters, as reserved by Article V, § 2(a) of the Florida Constitution.
[2] A comprehensive probate code enacted by the legislature may include procedural provisions, but these are subject to the Supreme Court's rulemaking power.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the 1974 session of the Legislature has passed a comprehensive Florida Probate Code which for ready understanding and continuity included many provisions pertaining solely to procedure, a function reserved exclusively in the Florida Supreme Court under Article V, § 2(a), Florida Constitution, under its rule making power”
Establishes that procedural rule-making is constitutionally reserved to the Court, requiring a solution for incorporating the Probate Code's procedural provisions
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Join FLexlaw to unlock all legal intelligenceThe 1974 Florida Legislature passed a comprehensive Florida Probate Code that included procedural provisions. The Court recognized that complete new P…
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PER CURIAM.
The Court recognizes that the 1974 session of the Legislature has passed a comprehensive Florida Probate Code which for ready understanding and continuity included many provisions pertaining solely to procedure, a function reserved exclusively in the Florida Supreme Court under Article V, § 2(a), Florida Constitution, under its rule making power. It is appreciated, however, that for a time, until complete new Probate and Guardianship Rules (now under review in committee) are promulgated by appropriate consideration of the rules committees of The Florida Bar and this Court, uniformity will best be provided by a transition rule allowing the temporary use of the procedural aspects included in the Probate Code, for an interim period of time effectively July 1, 1975, when said Probate Code shall become effective, and the date when a complete set of probate rules of procedure is adopted, to include the procedural aspects of said new Florida Probate Code.
We accordingly adopt the following as Transition Rule 19, effective July 1, 1975, to terminate upon adoption by this Court of new Probate and Guardianship Rules.
It is so ordered.
ADKINS, C. J., and ROBERTS, ERVIN, McCAIN and DEKLE, JJ., concur. TRANSITION RULE 19. FLORIDA PROBATE CODE.
All of those matters contained in the 1974 Florida Probate Code pertaining to practice and procedure are hereby adopted as if they were rules promulgated by this Court and shall be controlling in all such matters, together with the present Rules of Probate and Guardianship Procedure; and where conflict exists between said two, the provisions of the Florida Probate Code shall control.
This Rule shall become effective July 1, 1975, and shall automatically terminate upon adoption by this Court of new Probate and Guardianship Rules.