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STATE EX REL. McGREEVY v. DOWLING

No. 69-148.

223 So.2d 89 (1969)

STATE ex rel. Jerry McGREEVY and James McGreevy, Relators, v. Frank B. DOWLING, As Judge of the County Judge's Court in and for Dade County, Florida; (and City National Bank of Miami, and John D. McNamara), Respondents.

District Court of Appeal of Florida. Third District.

Rehearing Denied June 11, 1969.

Attorney(s) appearing for the Case

Stassen & Kephart and John J. Speese, Philadelphia, Pa., Spellman & Hartnett, Miami, for relators.

Ray M. Earnest and Armando Maraio, Miami, for respondents.

Before CHARLES CARROLL, C.J., and PEARSON and BARKDULL, JJ.

CHARLES CARROLL, Chief Judge.

This is an original proceeding in prohibition. The determinative question presented is whether, by reason of § 732.06 Fla. Stat., F.S.A. fixing venue for probate in the county of domicile of a decedent, the action of a county judge's court in one county in proceeding to probate the estate of a decedent concededly domiciled in another county at the time of death is an unlawful exercise of jurisdiction.

The suggestion in prohibition...

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