Marshall v. Angel

District Court of Appeal of Florida

Marshall v. Angel

447 So. 2d 346, 1984 Fla. App. LEXIS 11983

District Court of Appeal of Florida·Decided March 1, 1984·No. No. 83-1745·Published

Opinion

PER CURIAM.

Petitioners, Marion County and John Marshall, seek a writ of prohibition. Be[347] cause we find that the trial court had jurisdiction over the subject matter of the cause below, we deem prohibition to be an improper remedy. See Moore v. Leisure Pool Service, Inc., 412 So.2d 392 (Fla. 5th DCA 1982); School Board of Marion County v. Angel, 404 So.2d 359 (Fla. 5th DCA 1981).

Certiorari review pursuant to Florida Rule of Appellate Procedure 9.030(b)(2)(A), which might otherwise have been available, is precluded here due to petitioners’ failure to comply with the thirty-day requirement of Florida Rule of Appellate Procedure 9.100(c).

Accordingly, the Petition for Writ of Prohibition is

DENIED.

DAUKSCH, COBB and COWART, JJ., concur.

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PER CURIAM.

Petitioners, Marion County and John Marshall, seek a writ of prohibition. Be[347] cause we find that the trial court had jurisdiction over the subject matter of the cause below, we deem prohibition to be an improper remedy. See Moore v. Leisure Pool Service, Inc., 412 So.2d 392 (Fla. 5th DCA 1982); School Board of Marion County v. Angel, 404 So.2d 359 (Fla. 5th DCA 1981).

Certiorari review pursuant to Florida Rule of Appellate Procedure 9.030(b)(2)(A), which might otherwise have been available, is precluded here due to petitioners’ failure to comply with the thirty-day requirement of Florida Rule of Appellate Procedure 9.100(c).

Accordingly, the Petition for Writ of Prohibition is

DENIED.

DAUKSCH, COBB and COWART, JJ., concur.

Marshall v. Angel, 447 So. 2d 346, 1984 Fla. App. LEXIS 11983 (Fla. Ct. App. 1984).

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Opinion

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