STATE OF FLORIDA EX REL. WILLIAM O. O'DONNELL, INDIVIDUALLY AND AS TRUSTEE, ELAINE O'DONNELL, BONNIE LEE LYNCH, JOHN B. CHRISTY, EVELYN CHRISTY, GARDEN CITY BUILDERS, A FLORIDA CORPORATION, THE JOHN B. CHRISTY CORPORATION, A FLORIDA CORPORATION, AND FRANK W. CHRISTY, INC., A RHODE ISLAND CORPORATION, RELATORS,
v.
W. TROY HALL, JR., JUDGE OF THE CIRCUIT COURT FOR LAKE COUNTY, RESPONDENT
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The court held that the relators, as parties to the post-decretal proceeding, had the right to object to the issuance of the restraining order, and thus the suggestion for writ of prohibition was dismissed.
Relators sought a writ of prohibition to prevent a trial, arguing the court lacked jurisdiction after an injunction without notice was issued in a pos…
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The relators in this original proceeding for writ of prohibition are parties against whom an injunction without notice was issued in a post decretal proceeding for enforcement of a divorce decree. They seek an order from this court prohibiting the trial of the case on the grounds that the trial court lacked jurisdiction of the action.
Helen Lynch obtained a divorce from William Lynch in November 1963. The court on the petition of Helen Lynch issued an order to show cause why William Lynch should not be held in contempt for failure to comply with certain terms of the divorce decree. The said order temporarily enjoined the relators herein from transferring, disposing of or concealing any property or income of the properties described in the petition, and granted the plaintiff Helen Lynch a temporary lien on all property described in the petition.
Writ of Prohibition is that process by which a superior court prevents an inferior court from exceeding its jurisdiction or usurping a jurisdiction with which it has not been vested by law. It issues only when the party seeking it is without other adequate means of redress. The Writ cannot be a means of determination of questions involving the correct or incorrect decision of another court in matters in which the court has jurisdiction to act. It will not lie to correct errors of a court which is acting within its jurisdiction, although it may be proceeding improperly in the exercise of that jurisdiction. State ex rel. Paluska v. White, Fla.App.1964, 162 So.2d 697.
The relators upon being made parties in the pending proceeding have the right to object to the issuance of the restraining order.
Accordingly, the Rule Nisi is hereby discharged, and the suggestion for Writ of Prohibition is dismissed.
ALLEN, Acting C. J., and SHANNON and ANDREWS, JJ., concur.
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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)…cess of his jurisdiction. State ex rel. Pope v. Joanas, 278 So. 2d 305 (1stDCA Fla.1973): “The cases are legion which hold that prohibition will not lie to test the correctness of a trial court ruling.” Id. at 306. State ex rel. O’Donnell v. Hall, 175 So. 2d 792 (2dDCA Fla.1965): “The Writ [of Prohibition] cannot be a means of determination of questions involving the correct or incorrect decision of another court in matters in which the court has jurisdiction to act. It will not lie to correct errors of a…
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State of Fla. ex rel. Lon C. Gillham v. Honorable Charles M. Phillips, Jr., 193 So. 2d 26 (Fla. 2d DCA 1966)…urt or tribunal from exceeding its jurisdiction or usurping jurisdiction with which it has not been vested by law. State ex rel. Florida Real Estate Commission v. Anderson, Fla.App.1964, 164 So. 2d 265; State ex rel. O’Donnell v. Hall, Fla.App.1965, 175 So. 2d 792. It is an extraordinary writ because it only issues when the party seeking it is without other adequate means of redress for the wrong about to he inflicted by the act of the inferior tribunal. State ex rel. Ferre v. Kehoe, Fla.App.1965, 179 So. 2d…
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Dev. Corp. OF Am. v. Edwards, 379 So. 2d 450 (Fla. 3d DCA 1980)…PER CURIAM. Affirmed. State v. Hall, 175 So. 2d 792 (Fla. 2d DCA 1965); 10A Fla.Jur., Dissolution of Marriage, etc., § 170; 24 Am.Jur.2d, Divorce and Separation, § 748.…
Authorities Cited
- The State of Fla. ex rel. Earl William Paluska, Jr. v. The Honorable Jos. S. White, 162 So. 2d 697 (Fla. 2d DCA 1964)