EMIL ALBERT DEALTO, PETITIONER,
v.
THE HONORABLE RICHARD B. KEATING, AS CIRCUIT JUDGE, IN AND FOR THE NINTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, ORANGE COUNTY, FLORIDA, RESPONDENT
SHARP, Judge.
Petitioner’s motion for reconsideration of our denial of his petition for writ of prohibition was timely filed, and because the issue therein sought to be raised may again be argued to this court in an appeal or interlocutory appeal, we hereby clarify our original denial of the petition as follows: We deny the petition for writ of prohibition because of lack of jurisdiction. The possible violation of section 901.25(3), Florida Statutes (1981), does not deprive the lower court of its power to. act in the case, and therefore prohibition is not an appropriate remedy.
ORFINGER and FRANK D. UP-CHURCH, Jr., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Lozano, 616 So. 2d 73 (Fla. 1st DCA 1993)…age, 509 So. 2d 1097 (Fla.1987). Additionally, a petition for writ of certiorari [*75] must be filed within 30 days of rendition of the order to be reviewed, and that time limit is jurisdictional. See Fla.R.App.P. 9.100(c)(1); Hofer v. Gil De Rubio, 409 So. 2d 527 (Fla. 5th DCA 1982). Initially, we were concerned that our jurisdiction had not been timely invoked, as petitioner, in effect, challenges the May, 1992, order which moved the trial from Orlando to Tallahassee. While the respondent did file objectio…
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Buford A. Green v. State, 450 So. 2d 1275 (Fla. 5th DCA 1984)…State, 437 So. 2d 245 (Fla. 5th DCA 1983); Smith v. Weede, 433 So. 2d 992 (Fla. 5th DCA 1983); Manna Provisions Co. v. Blume, 417 So. 2d 832 (Fla. 1st DCA 1982); City of Melbourne v. Floyd, 415 So. 2d 758 (Fla. 5th DCA 1982); Hofer v. Gil De Rubio, 409 So. 2d 527 (Fla. 5th DCA 1982); Guzman v. State, 364 So. 2d 523 (Fla. 2d DCA 1978).…
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McGEE v. McGEE, 487 So. 2d 412 (Fla. 4th DCA 1986)…r, and therefore does not delay the time of filing a writ of. certio-rari. Owens v. Jackson, 476 So. 2d 264 (Fla. 1st DCA 1985); Williams v. Department of Health and Rehabilitative Services, 468 So. 2d 504 (Fla. 5th DCA 1985); Hofer v. Gil De Rubio, 409 So. 2d 527 (Fla. 5th DCA 1982). In the present case, the writ of certiorari was untimely because the petition for rehearing was not authorized. Therefore, the date of rendition was September 21, 1985, the date that the court denied the wife’s motion to disqu…
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