District Court of Appeal of Florida

In probate, a decedent's domicile does not determine subject matter jurisdiction, but is simply a fact issue, the significance of which will vary from case to case. Dismissal of a petition to revoke probate as untimely filed is affirmed over a claim that raising the issue of decedent's domicile was an attack on subject matter jurisdiction and was not waived by a failure to timely file.

Appellate Information

• Decided 04/19/2006
• Published 04/19/2006

Judges

• STONE, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Marie Tomassi, Karen E. Lewis, and John A. Williams of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., St. Petersburg, for appellant.


• For Appellees:
  
• Jack J. Aiello and William T. Hennessey of Gunster, Yoakley & Stewart, P.A., West Palm Beach, for Appellee-Cynthia H. Pastor., Henry H. Fox of Berger Singerman, P.A., Fort Lauderdale, for Appellees-Mark J. Herlan and Martin J. Herlan.