Mollard v. Austin

STURGIS, Chief Judge.

Appellee’s petition for rehearing insists that Rule 2.7 (a), Florida Rules of Civil Procedure, 31 F.S.A., relates only to jury trials in actions at law, and not to-probate proceedings, which traditionally are governed by the practice in equity. This is true since no comparable rule is spelled out in that phase of the rules dealing exclusively with suits in equity or in any statute or rule dealing specifically with probate proceedings.

In the trial of equity cases before-a chancellor, established procedure does not permit dismissal of the complaint at the conclusion of the…