DR. BRENDA C. SNIPES, IN HER OFFICIAL CAPACITY AS BROWARD COUNTY SUPERVISOR OF ELECTIONS, PETITIONER,
v.
FLORIDA ELECTIONS COMMISSION, RESPONDENT
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The petition for writ of prohibition directed to the Florida Elections Commission is denied on the merits. Petitioner seeks to prevent the Florida Elections Commission from investigating an election code violation based upon a complaint filed against petitioner. Prohibition lies to prevent a lower tribunal from acting in excess of its jurisdiction, but not to prevent an erroneous exercise of jurisdiction. See English v. McCrary, 348 So.2d 293 (Fla.1977). The Elections Commission has the power to investigate election code violations. See § 106.25(1), Fla. Stat. (2009). Here, petitioner complains that the Elections Commission is erroneously exercising its investigatory powers based upon a legally insufficient complaint. The Commission held that the complaint is legally sufficient based upon the requirements of the Administrative Code. See Fla. Admin. Code R. 2B-10025. If the Commission erroneously exercises its jurisdiction, it may be remedied on appeal. It is not the proper subject of a petition for writ of prohibition. See Resolution Trust Corp. v. Mayor & City Comm’n of City of S. Miami, 633 So.2d 1119 (Fla. 1st DCA 1994).
GROSS, C.J., WARNER and CIKLIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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City OF Miami v. Vill. OF KEY Biscayne, 199 So. 3d 300 (Fla. 3d DCA 2016)…eneral rule, this State’s appellate courts employ the writ of prohibition cautiously, and only to prevent impending injury that cannot be remedied on direct appeal. English v. McCrary, 348 So. 2d 293, 297 (Fla.1977); Snipes v. Fla. Elections Comm’n, 19 So. 3d 1178 (Fla. 4th DCA 2009) (Mem). At this stage, it would be premature to review the trial court’s order denying the City’s motion to dismiss. NMMA has filed a motion seeking to intervene in the case, and that motion — which the trial court has characteri…
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City OF Miami v. 346 NW 29TH St., LLC, 217 So. 3d 143 (Fla. 3d DCA 2017)…f Civil Procedure suggests that a party's failure to join an indispensable party is more akin to a failure to state a cause of action than to a depriving of the trial court of subject matter jurisdiction.”). See also Snipes v. Fla. Elections Comm'n, 19 So. 3d 1178 (Fla, 4th DCA 2009) (holding: "Prohibition lies to prevent a lower tribunal from acting in excess of its jurisdiction, but not to prevent an erroneous exercise of jurisdiction”); Fla. R. Civ. P. 1.140 (h)(2) (providing: "The defenses of failure to s…
Authorities Cited
- Carey English v. McCRARY, 348 So. 2d 293 (Fla. 1977)
- Resolution Tr. Corp. v. Mayor & City Comm'n OF the City OF S. Miami, 633 So. 2d 1119 (Fla. 1st DCA 1994)