In re the Estate of Farley

Full title: IN RE THE ESTATE OF ARTHUR C. FARLEY, DECEASED

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 25, 1988

520 So. 2d 619 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-2251.

January 20, 1988. Rehearing Denied March 25, 1988.

Petition for writ of prohibition to the Circuit Court for Palm Beach County; Edward Rodgers, Judge.

Carol McLean Brewer of Gary, Dytrych Ryan, P.A., North Palm Beach, for petitioner-Cecile J. Farley Bolte.

Mark Wilensky of Levy, Kneen, Boyes, Wiener, Goldstein Kornfeld, P.A., West Palm Beach, for respondent-Barrie F. Jones.

George P. Ord of Alley, Maass, Rogers, Lindsay Chauncey, Palm Beach, for respondent-Jules Pearlstine.

PER CURIAM.

We grant petitioner's writ of prohibition. The trial court did not have jurisdiction to reopen the instant 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.