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HERSKOWITZ v. NESBITT

No. 81-1971.

419 So.2d 418 (1982)

Judith HERSKOWITZ, Individually and As Natural Guardian of Robert Herskowitz, and Mark Herskowitz, Minor, by and through His Mother and Next Friend Judith Herskowitz, Appellants, v. Joseph NESBITT, Gene Williams, and Herbert M. Klein, Individually and As Judges of the Circuit Court, in and for Dade County, Appellees.

District Court of Appeal of Florida, Third District.

September 21, 1982.

Attorney(s) appearing for the Case

Judith Herskowitz and Robert Herskowitz, in pro. per.

Robert A. Ginsburg, County Atty. and Roy Wood, Asst. County Atty., for appellees.

Before BARKDULL, SCHWARTZ and JORGENSON, JJ.

PER CURIAM.

We agree with the trial court that the alleged fact that the appellees presided over the probate of an estate beyond the twelve month period provided by Sec. 733.901, Fla. Stat. (1979) and Fla. R.P. & G.P. 5.400 did not render them without subject matter jurisdiction over the cause. Hence, the pertinent exception to the rule of absolute immunity from damage claims for judicial rulings made in an official capacity does not apply. Stump v. Sparkman...

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