JOHN BENTON, PETITIONER,
v.
THE CIRCUIT COURT FOR THE SECOND JUDICIAL CIRCUIT AND THE HONORABLE CHARLES MINER ET AL., RESPONDENTS

Fla. 1st DCA | 1980-03-31
No. TT-303
MILLS, C. J., and LARRY G. SMITH, J., concur.
382 So. 2d 753 Florida District Court of Appeal, First District (1980) Positive Treatment
Cited by 10 cases
Opinion of the Court
WENTWORTH, Judge.

WENTWORTH, Judge.

This cause is before us upon petition for a writ of prohibition. Petitioner has not demonstrated that he is without other adequate means of redress for the alleged wrong about to be inflicted by the trial court, Prohibition will not lie to usurp the functions of an appeal. State v. Trammell, 192 So. 175 (Fla.1939); Corbin v. State, 324 So. 2d 203 (Fla. 1st DCA 1976). Accordingly, the petition is denied.

MILLS, C. J., and LARRY G. SMITH, J., concur.

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  • Sutton v. State, 975 So. 2d 1073 (Fla. 2008)
    …appeal.” Sparkman v. McClure, 498 So. 2d 892, 895 (Fla.1986) (citing State ex rel. Turner v. Earle, 295 So. 2d 609 (Fla.1974); State ex rel. Schwarz v. Heffernan, 142 Fla. 137, 194 So. 313 (1940); Benton v. Circuit Court for Second Judicial Circuit, 382 So. 2d 753 (Fla. 1st DCA 1980)). Furthermore, notwithstanding that prohibition is generally available only to prevent courts from acting when there is no jurisdiction to act (rather than to prevent an erroneous exercise of jurisdiction), see Goldman, 502 So.…
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