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IN RE ESTATE OF FARLEY

No. 87-2251.

520 So.2d 619 (1988)

In re The ESTATE OF Arthur C. FARLEY, Deceased.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 25, 1988.

Attorney(s) appearing for the Case

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...

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