Opinion
No. 3D06-3047.
February 7, 2007.
A Case of Original Jurisdiction — Prohibition.
Patricia Pollak Weiss, in proper person.
Hirschhorn Bieber and Joel Hirsch-horn, Miami, for respondents.
Before WELLS, SUAREZ, and LAGOA, JJ.
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.