STATE OF FLORIDA EX REL. GEORGE G. ROBINSON, SR., RELATOR,
v.
WARREN A. NELSON, AS JUDGE OF THE CRIMINAL COURT OF RECORD, DUVAL COUNTY, FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida First District Court of Appeal dismissed a petition for a writ of prohibition, finding that the relator's request for a change of venue in the lower court had divested the appellate court of jurisdiction. The court emphasized that prohibition is a preventive remedy and cannot be used to correct actions already taken or to supervise a court over which it has no jurisdiction.
No, a writ of prohibition does not lie in this situation because the relator's action of obtaining a change of venue divested the appellate court of jurisdiction. Prohibition is a preventive remedy and cannot be used once the action sought to be prohibited has been effectively transferred to another jurisdiction.
“Prohibition, being a preventive rather than a corrective remedy, will not lie where there remains nothing to be done by the court or person to whom it is directed.”
Establishes the nature of the writ of prohibition and its limitations.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceGeorge G. Robinson, Sr. sought a writ of prohibition from the Florida First District Court of Appeal to prevent Judge Warren A. Nelson from exercising…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Change Of Venue cases and more on FLexlaw
George G. Robinson, Sr., has filed in this court his suggestion for writ to prohibit The Honorable Warren A. Nelson from exercising jurisdiction in Case No. 66-3228 filed against him in the Criminal Court of Record, Duval County. The Respondent’s return reflects that prior to the issuance of rule nisi, Robinson moved the lower court for a change of venue and same was granted. Attached to the return is a copy of Respondent’s order transferring the cause to the Criminal Court of Record, Hills-borough County.
Prohibition, being a preventive rather than a corrective remedy, will not lie where there remains nothing to be done by the court or person to whom it is directed.1 Since the First District Court of Appeal has no appellate or supervisory jurisdiction over the Hillsborough County Criminal Court of Record, it is without jurisdiction to prohibit any action in that court.2 The Relator by his act of moving for a change of venue has divested this court of jurisdiction.
Being without jurisdiction, we hereby discharge rule nisi and dismiss the suggestion without prejudice.
RAWLS, Acting C. J., and JOHNSON and SPECTOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State ex rel. George C. Robinson v. Nelson, 219 So. 2d 704 (Fla. 1968)…Certiorari denied without opinion. 212 So. 2d 827.…
Authorities Cited
- State v. Frederick, 137 Fla. 773 (Fla. 1939)
- Wash. Fed. Sav. & Loan Ass'n of Miami Beach v. State of Fla. ex rel. Francis X. Bradley, 155 So. 2d 393 (Fla. 3d DCA 1963)