FRANK J. SCHREIBEIS
v.
RICK L. BRADSHAW
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The appellate court denied a petition for writ of prohibition filed by a prisoner challenging various county officials and contracts. The petition sought relief beyond the court's jurisdiction, including internal investigations, discipline of officials, injunctive relief, and county board action—none of which properly invoke writ of prohibition authority.
The petition was denied for lack of jurisdiction. The court determined that the petition did not properly invoke the writ of prohibition, did not constitute post-conviction relief, and did not allege entitlement to habeas corpus or mandamus relief. The court lacked jurisdiction over the requested relief targeting county employees and elected officials.
[1] A writ of prohibition is generally issued to restrain the unlawful exercise of a judicial function when there is no adequate remedy at law.
[2] A writ of prohibition is designed to prevent courts from acting when they lack jurisdiction.
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Join FLexlaw to unlock all legal intelligence“A writ of prohibition is generally issued to restrain unlawful exercise of judicial function in absence of an adequate remedy at law [and is] designed to keep courts from acting when they have no jurisdiction to act.”
Establishes the proper scope and purpose of writs of prohibition
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Join FLexlaw to unlock all legal intelligenceFrank J. Schreibeis, an inmate at Saga Palm Re-Entry Center with DOC number 616662, filed a petition addressed to the County Administrator requesting …
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APPELLATE DIVISION (CIVIL): 'AY' CASE NO.: 502011CA019062XXXXMB
BY ORDER OF THE COURT:
THIS CAUSE came before the Court upon the Petition for Writ of Prohibition, filed November 29, 2011. "A writ of prohibition is generally issued to restrain unlawful exercise of judicial function in absence of an adequate remedy at law [and is] designed to keep courts from acting when they have no jurisdiction to act." Town Of Ponce Inlet v. Dragomirecky, 884 So. 2d 408, 410 (Fla. 1st DCA 2004) (citation omitted.) This Petition does not seek to restrain lawful exercise of a judicial function. Although it seems, at times, to attack Petitioner's underlying criminal conviction, it likewise cannot be characterized as a motion for post-conviction relief as it does not actually state any ground for such relief. Neither does the Petition allege that Petitioner is entitled to release pursuant to a writ of habeas corpus or mandamus.
The Petition is, in fact, addressed to the attention of the County Administrator and seems to request county and state employees and elected officials to be subject to internal investigations, discipline and or fines, or removal from office. Petitioner additionally requests that the Circuit Court enter injunctive relief to prohibit certain county employees from "operating contrary to law" while voiding "any and all invalid contracts entered into." Finally, Petitioner requests that the Board of County Commissioners issue "warrants" or "at least an investigation" into the substance of Petitioner's claims. It is simply not clear to this Court the basis on which Petitioner alleges that this Court has jurisdiction over any of these matters.
Accordingly, it is ORDERED and ADJUDGED that this Petition is DENIED for lack of jurisdiction. The clerk is directed to close the file in this matter. DONE and ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida this 29th day of February, 2012.
DAVID CROW, CIRCUIT JUDGE
JACK COX, CIRCUIT JUDGE
TIMOTHY MCCARTHY, CIRCUIT JUDGE
cc:
FRANK J. SCHREIBEIS, DC# 616662, SAGA PALM RE-ENTRY CENTER B1-110L, 500 BAY BOTTOM ROAD, PAHOKEE, FL 33476
SHERIFF RICK L. BRADSHAW, PALM BEACH COUNTY SHERIFF'S OFFICE, 3228 GUN CLUB ROAD, WEST PALM BEACH, FL 33406