Miguel Rodriguez Albisu v. State of Florida

• Court: Supreme Court of Florida
• Decided: July 2, 2026
• Docket: SC2026-0142
• Status: Published

Opinion

Supreme Court of Florida THURSDAY, JULY 2, 2026

Miguel Rodriguez Albisu, et SC2026-0142 al., Lower Tribunal No(s).: Petitioner(s) 4D2025-3769; v. 062023CF002405A88810, 062023MM001607A88810 State of Florida, Respondent(s)

The petition for writ of prohibition is hereby denied on the

merits. No motion for rehearing will be considered by this Court.

COURIEL, C.J., and LABARGA, MUÑIZ, GROSSHANS, FRANCIS, and SASSO, JJ., concur. TANENBAUM, J., dissents in part with an opinion.

TANENBAUM, J., dissenting in part.

The petitioners attempt to use prohibition to address their

effort at “disqualifying” the entire Fourth District Court of Appeal

from hearing their appeal. Disqualification is a matter of

procedural jurisdiction at the trial court level. See § 38.10, Fla.

Stat.; Fla. R. Gen. P. & Jud. Admin. 2.330. That is not true at the

appellate level, so prohibition is not available to the petitioners.

There is no basis for considering their petition “on the merits.” I CASE NO.: SC2026-0142 Page Two

agree that they are not entitled to the writ they seek, but I would

dismiss without considering the merits of their underlying

argument.

A True Copy Test:

SC2026-0142 7/2/2026

SO

Served:

CRIM APP WPB ATTORNEY GENERAL 4DCA CLERK JOSHUA EVAN PADOWITZ KENNETH DAVID PADOWITZ