DAVID FRAZIER
v.
STATE OF FLORIDA
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David Frazier petitioned for writs of prohibition or certiorari to challenge a lower court order. The First District Court of Appeal summarily dismissed the petition, finding that neither extraordinary remedy was appropriate under applicable Florida law.
The petition is dismissed. Prohibition is unavailable because there is no showing that the lower court lacked jurisdiction or attempted to act in excess of jurisdiction. Certiorari is unavailable because the petitioner failed to demonstrate that any material injury could not be remedied on appeal.
[1] A writ of prohibition may be granted only when it is demonstrated that a lower court is acting without jurisdiction or in excess of its jurisdiction.
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Join FLexlaw to unlock all legal intelligence“Prohibition may only be granted when it is shown that a lower court is without jurisdiction or attempting to act in excess of jurisdiction.”
Establishes the strict standard for obtaining a writ of prohibition, which petitioner failed to meet.
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June 5, 2024 PER CURIAM.
DISMISSED. See English v. McCrary, 348 So. 2d 293, 296 (Fla. 1977) (“Prohibition may only be granted when it is shown that a lower court is without jurisdiction or attempting to act in excess of jurisdiction.”); Magbanua v. State, 281 So. 3d 523, 527 n.1 (Fla. 1st DCA 2019) (denying petition for writ of certiorari for petitioner’s failure to show that any material injury could not be remedied on appeal and noting that “nothing prevents the trial court from reconsidering its order” under Florida Rule of Criminal Procedure 3.192). ROBERTS, ROWE, and LONG, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Citator
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- Carey English v. McCRARY, 348 So. 2d 293 (Fla. 1977)
- Case v. State (Fla. 1st DCA 2024)