ANDREW BENDER, PETITIONER,
v.
FIRST FIDELITY SAVINGS AND LOAN ASSOCIATION OF WINTER PARK F/K/A FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF MARTIN COUNTY, ETC., RESPONDENT
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PER CURIAM.
Petitioner seeks relief by petition for writ of prohibition from an order which granted First Fidelity Savings and Loan Association’s motion to amend its notice of voluntary dismissal from “with” prejudice to “without” prejudice. Petitioner has not sought the proper remedy. The “purpose [of prohibition] 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.” English v. McCrary, 348 So. 2d 293, 297 (Fla. 1977). However, Florida Rule of Appellate Procedure 9.040(c) provides:
If a party seeks an improper remedy, the cause shall be treated as if the proper remedy had been sought; provided that it shall not be the responsibility of the court to seek the proper remedy.
We elect to treat this petition as a non-final appeal pursuant to Florida Rule of Appellate Procedure 9.130(a)(5), and we affirm the order of the trial court on the authority of Skampaine Industries v. South Bro-ward Hospital, 411 So. 2d 364, (Fla. 4th DCA 1982).
AFFIRMED.
DELL, WALDEN and BARKETT, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Bender v. First Fid. Sav. & Loan Ass'n OF Winter Park, 491 So. 2d 276 (Fla. 1986)…PER CURIAM. We have for review Bender v. First Fidelity Savings and Loan Association of Winter Park, 463 So. 2d 445 (Fla. 4th DCA 1985). The opinion is in conflict with Miller v. Fortune Insurance Co., 453 So. 2d 489 (Fla. 2d DCA 1984). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Based on our decision in Miller v. Fortune Insurance Co., 484 So. 2d 1221…
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Markin v. Markin, 877 So. 2d 785 (Fla. 4th DCA 2004)…th DCA), cert, denied, sub. nom., 502 U.S. 968, 112 S.Ct. 440, 116 L.Ed.2d 458 (1991). Prohibition will not lie to compel the undoing of something already done, such as an order already entered. Bender v. First Fid. Sav. & Loan Ass’n of Winter Park, 463 So. 2d 445 (Fla. 4th DCA 1985), approved, 491 So. 2d 276 (Fla.1986). Thus, to the extent petitioner seeks prohibition of the order granting the motion to appoint receiver, prohibition does not lie. It does lie to prevent future action by the trial court. The…
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Rand v. Rand, 491 So. 2d 1293 (Fla. 4th DCA 1986)…in the entire proceedings because of inadequate service of process. Having consolidated the two cases for purposes of this opinion, we now treat the petition for writ of prohibition as a non-final appeal, Bender v. First Fidelity Sav. & Loan Ass’n, 463 So. 2d 445 (Fla. 4th DCA 1985), and reverse the order of contempt for the same reasons we reverse the temporary relief orders. [*1295] Accordingly, the orders appealed from in Case No. 85-2113 and the order of contempt in Case No. 85-2529 are reversed and Case…
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- Carey English v. McCRARY, 348 So. 2d 293 (Fla. 1977)
- Shampaine Indus., Inc. v. S. Broward Hosp. Dist., 411 So. 2d 364 (Fla. 4th DCA 1982)