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WEISS v. BERKETT

No. 3D06-3047.

949 So.2d 1092 (2007)

Patricia Pollak WEISS, Petitioner, v. Phyllis Pollak BERKETT, individually and as the Successor Interim Trustee of the Trusts Under the Will of Albert Pollak, deceased, and the Albert Pollak Intervivos Trusts and Lloyd S. Berkett, and Clerk of the Courts Harvey Ruvin, Respondents.

District Court of Appeal of Florida, Third District.

February 7, 2007.

Attorney(s) appearing for the Case

Patricia Pollak Weiss, in proper person.

Hirschhorn & Bieber and Joel Hirschhorn, Miami, for respondents.

Before WELLS, SUAREZ, and LAGOA, JJ.

SUAREZ, J.

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...

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