First Florida Bank, N.A. v. Shafer

First Florida Bank, as former personal representative of the estate of Theresa Walsh, and Mary Jo Cunningham, a beneficiary under the will, seek a writ of prohibition barring the respondent judge from proceeding further with a petition to reopen probate filed by Catherine Portman-Laux. We grant the petition.

Theresa Walsh died August 7, 1981, and her will was admitted to probate in Lee County the following month. Thomas Walsh, the decedent’s husband, was the primary beneficiary under the will and was co-trustee of a testamentary trust established thereunder. Probate was closed and the personal…