McCreight v. Hertz Pump & Compressor

District Court of Appeal of Florida

McCreight v. Hertz Pump & Compressor

874 So. 2d 1272, 2004 Fla. App. LEXIS 8337, 2004 WL 1301080

CourtDistrict Court of Appeal of Florida

DecidedJune 14, 2004

DocketNo. 1D03-1562

StatusPublished

This text of 874 So. 2d 1272 (McCreight v. Hertz Pump & Compressor) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McCreight v. Hertz Pump & Compressor, 874 So. 2d 1272, 2004 Fla. App. LEXIS 8337, 2004 WL 1301080 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

Upon consideration of petitioner’s response to the Court’s order of April 30, 2004, in which petitioner “agrees that the Petition for Writ of Prohibition is moot to the extent that the insolvency hearing addressed by the Petition has already occurred,” the Petition is dismissed as moot. See English v. McCrary, 348 So.2d 293, 296-297 (Fla.1977) (“[A writ of prohibition’s] purpose is to prevent the doing of something, not to compel the undoing of something already done. It cannot be used to revoke an order already entered.”); Wetherell v. Thursby, 100 Fla. 108, 129 So. 345, 345-346 (1930) (holding where issues had become moot by the passing of time, the proceeding in prohibition must be dismissed).

DISMISSED.

BARFIELD, DAVIS, and BENTON, JJ., Concur.

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PER CURIAM.

Upon consideration of petitioner’s response to the Court’s order of April 30, 2004, in which petitioner “agrees that the Petition for Writ of Prohibition is moot to the extent that the insolvency hearing addressed by the Petition has already occurred,” the Petition is dismissed as moot. See English v. McCrary, 348 So.2d 293, 296-297 (Fla.1977) (“[A writ of prohibition’s] purpose is to prevent the doing of something, not to compel the undoing of something already done. It cannot be used to revoke an order already entered.”); Wetherell v. Thursby, 100 Fla. 108, 129 So. 345, 345-346 (1930) (holding where issues had become moot by the passing of time, the proceeding in prohibition must be dismissed).

DISMISSED.

BARFIELD, DAVIS, and BENTON, JJ., Concur.

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874 So. 2d 1272, 2004 Fla. App. LEXIS 8337, 2004 WL 1301080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccreight-v-hertz-pump-compressor-fladistctapp-2004.

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