LINDSEY CASE
v.
STATE OF FLORIDA
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The Florida District Court of Appeal, First District dismissed a petition for a writ of prohibition or certiorari filed by Lindsey Case against the State of Florida. The court held that prohibition is only available when a lower court lacks jurisdiction or acts in excess of its jurisdiction, and that the petitioner failed to demonstrate grounds for extraordinary relief.
The petition was dismissed because the petitioner failed to demonstrate that the lower court was without jurisdiction or acting in excess of jurisdiction, and failed to show that any material injury could not be remedied on appeal.
[1] A writ of prohibition is available only when a lower court is acting without jurisdiction or in excess of jurisdiction; alternative remedies on appeal or by motion for re…
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Join FLexlaw to unlock all legal intelligence“Prohibition may only be granted when it is shown that a lower court is without jurisdiction or attempting to act in excess of jurisdiction.”
Establishes the narrow standard for granting a writ of prohibition under Florida law.
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Join FLexlaw to unlock all legal intelligenceThe opinion provides minimal factual detail, focusing instead on the procedural deficiencies in the petition. The case involved a lower court action t…
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June 5, 2024 PER CURIAM.
DISMISSED. See English v. McCrary, 348 So. 2d 293, 296 (Fla. 1977) (“Prohibition may only be granted when it is shown that a lower court is without jurisdiction or attempting to act in excess of jurisdiction.”); Magbanua v. State, 281 So. 3d 523, 527 n.1 (Fla. 1st DCA 2019) (denying petition for writ of certiorari for petitioner’s failure to show that any material injury could not be remedied on appeal and noting that “nothing prevents the trial court from reconsidering its order” under Florida Rule of Criminal Procedure 3.192). ROBERTS, ROWE, and LONG, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Deryl Nathan Foster v. State (Fla. 1st DCA 2021)…er granting an extraordinary writ of certiorari. Bd. of Trs., 99 So. 3d at 454 (holding certiorari jurisdiction requires petitioner to show that asserted error will result in irreparable harm that cannot be remedied on appeal); Magbanua v. State, 281 So. 3d 523, 526 (Fla. 1st DCA 2019) (dismissing certiorari petition for lack of jurisdiction because petitioner failed to demonstrate any injury that could not be corrected on direct appeal); Segura v. State, 272 So. 3d 805, 806 (Fla. 1st DCA 2019) (holdin…
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Jordan v. State (Fla. 1st DCA 2022)…t be dismissed when it fails to “explain why appellate review of the final judgment would not provide an adequate remedy.” Landmark at Crescent Ridge LP v. Everest Fin., Inc., 219 So. 3d 218, 220 (Fla. 1st DCA 2017); see also Magbanua v. State, 281 So. 3d 523, 527 (Fla. 1st DCA 2019) (holding that a certiorari petitioner must demonstrate that “any material injury she may suffer could not be corrected on direct appeal”). 4 Far from providing a clear explanation, the petition here does n…
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Frazier v. State (Fla. 1st DCA 2024)…PER CURIAM. DISMISSED. See English v. McCrary, 348 So. 2d 293, 296 (Fla. 1977) (“Prohibition may only be granted when it is shown that a lower court is without jurisdiction or attempting to act in excess of jurisdiction.”); Magbanua v. State, 281 So. 3d 523, 527 n.1 (Fla. 1st DCA 2019) (denying petition for writ of certiorari for petitioner’s failure to show that any material injury could not be remedied on appeal and noting that “nothing prevents the trial court from reconsidering its order” under Flo…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Carey English v. McCRARY, 348 So. 2d 293 (Fla. 1977)