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IN RE THE ESTATE OF ARTHUR C. FARLEY, DECEASED.

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, JJ., concur.

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IN RE THE ESTATE OF FARLEY
(Mar 25, 1988)