WILLIAM CRAIG MISEVETH, PETITIONER,
v.
THE HONORABLE LEONARD L. STAFFORD, CIRCUIT COURT JUDGE OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA, RESPONDENT
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PER CURIAM.
This court has jurisdiction over the petition for writ of mandamus, since mandamus is properly used to test the correctness of a trial court’s determination that it has no jurisdiction. Pino v. District Court of Appeal, Third District, 604 So. 2d 1232, 1233 (Fla.1992). The related appeal of the consolidated cases does not challenge the validity of the underlying settlement agreement or its amendment. Continuing enforcement of the settlement agreement, as amended, is independent and collateral to the subject matter of the appeal. The trial court has jurisdiction to consider petitioner’s motions to enforce the settlement agreement filed on August 11 and October 4 and any motions for stay filed pursuant to Florida Rule of Appellate Procedure 9.310, Amlan, Inc. v. Detroit Diesel Corp., 651 So. 2d 701, 706 (Fla. 4th DCA 1995); Hemmerle v. Federal Deposit Ins. Corp., 569 So. 2d 472, 473 (Fla. 4th DCA 1990), rev. denied, 583 So. 2d 1035 (Fla.1991).
Petition for writ of mandamus is granted.
KLEIN, SHAHOOD and GROSS, JJ„ concur.
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Leisure Resorts, Inc. v. The City OF W. Palm Beach, 736 So. 2d 1278 (Fla. 4th DCA 1999)…ement Trust Fund, 714 So. 2d 1060 (Fla. 4th DCA 1998), which is now pending in the Florida Supreme Court, does not deprive the trial court of jurisdiction to proceed with this case. The petition for writ of mandamus is granted. Miseveth v. Stafford, 667 So. 2d 1012 (Fla. 4th DCA 1996)(mandamus is the proper remedy to test the correctness of a trial court’s determination that it has no jurisdiction). This does not preclude the trial court from staying the case if that would serve judicial economy, pending the o…
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Alvie Byrd-Green v. State, 40 So. 3d 848 (Fla. 3d DCA 2010)…rit of mandamus, together with the other four extraordinary writs — prohibition, habeas corpus, quo warranto, and writs issued [*849] under the “all writs” power — are independent of and collateral to the proceedings below. See Miseveth v. Stafford, 667 So. 2d 1012 (Fla. 4th DCA 1996). Accordingly, they do not divest the trial court of jurisdiction, except in the case of a petition for writ of prohibition where a district court of appeal has issued a show cause order. See Fla. R.App. P. 9.100(h); Allen, 579 So…
Authorities Cited
- Amlan, Inc. v. Detroit Diesel Corp., 651 So. 2d 701 (Fla. 4th DCA 1995)
- Elio Pino v. Dist. Court OF Appeal, 604 So. 2d 1232 (Fla. 1992)
- Kenneth v. Hemmerle, 569 So. 2d 472 (Fla. 4th DCA 1990)