JOHN STOKES JOINER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State of Fla. ex rel. Gore Newspapers Co. & Margaret Ann Croxton v. The Honorable Robert W. Tyson, Jr., 313 So. 2d 777 (Fla. 4th DCA 1975)
  …; but it is no less susceptible to prohibition if the action is unauthorized by law. Whether a court exceeds its judicial power is a proper subject of a prohibition proceeding. Scussel v. Kelly, Fla.App.1963, 152 So. 2d 767, vacated on other grounds 167 So. 2d 870 (Fla.1964); see also, State ex rel. Miami Herald Publishing Co. v. Rose, Fla.App.1972, 271 So. 2d 483. Any other interpretation of the availability of the writ of prohibition would result in prohibition being limited strictly to the court’s jurisdic…
• City OF Hollywood v. Diamond ON THE Beach, Inc., 855 So. 2d 87 (Fla. 4th DCA 2003)
  …sufficient” within the meaning of rule 2.160(f), Florida Rules of Judicial Administration. It would be inappropriate for this court to make that determination in the first instance. See Roberts v. State, 840 So. 2d 962 (Fla.2002); Kelly v. Scussel, 167 So. 2d 870 (Fla.1964); Novartis Pharmaceuticals Corp. v. Carnato, 840 So. 2d 410 (Fla. 4th DCA 2003). POLEN, C.J., GROSS and MAY, JJ., concur.…
• Letterese v. Brody, 985 So. 2d 597 (Fla. 4th DCA 2008)
  …the trial court retains jurisdiction. Further, the Florida Supreme Court has held that a district court errs in entering an order of prohibition without permitting the trial judge to ascertain whether to disqualify him or herself. Kelly v. Scussel, 167 So. 2d 870 (Fla.1964). See also Johnson v. State, 968 So. 2d 61, 62 (Fla. 4th DCA 2007) (finding that a petition for writ of prohibition filed before the court has ruled on the motion to disqualify may be found “premature”). Even though the petition in this c…

Authorities Cited

• Koch v. Zuieback, 316 F.2d 1 (9th Cir. 1963)
• Davis v. State, 166 So. 2d 189 (Fla. 1st DCA 1964)