STATE OF FLORIDA EX REL. ARTHUR FALKNER, RELATOR,
v.
HONORABLE JOHN R. BLANTON, CIRCUIT COURT JUDGE FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA, PROBATE DIVISION, RESPONDENT

Fla. | 1974-07-17
No. 45101
ADKINS, C. J., and ROBERTS, BOYD, McCAIN and DEKLE, JJ., concur.
297 So. 2d 825 Florida Supreme Court (1974) Caution
Cited by 57 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

Upon consideration of the response now filed pursuant to the authority of Dubbin v. Capital National Bank, 254 So. 2d 199 (Fla.1971), we remand the cause with directions that the trial judge immediately allow petitioner to represent himself in the probate proceedings, so long as only the petitioner remains the sole interested party therein.

It is so ordered.

ADKINS, C. J., and ROBERTS, BOYD, McCAIN and DEKLE, JJ., concur.


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Cited By (28 total)

  • Carey English v. McCRARY, 348 So. 2d 293 (Fla. 1977)
    …urt is in [*297] formed the lower tribunal is about to do. Its purpose is to prevent the doing of something, not to compel the undoing of something already done. It cannot be used to revoke an order already entered. State ex rel. Harris v. McCauley, 297 So. 2d 825 (Fla. 1974), State ex rel. R. C. Motor Lines, Inc. v. Boyd et al., 114 So. 2d 169 (Fla. 1959), State ex rel. Shailer v. Booher, 241 So. 2d 720 (Fla. 4th DCA, 1970). Where proceedings sought to be prohibited have been completed and matters therein di…
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  • Sparkman v. McCLURE, 498 So. 2d 892 (Fla. 1986)
    …r already entered, and the writ will not lie where the proceedings below have already been completed. State ex rel. Sarasota County ¶. Boyer, 360 So. 2d 388 (Fla.1978); English v. McCrary, 348 So. 2d 293 (Fla.1977); State ex rel. Harris v. McCauley, 297 So. 2d 825 (Fla.1974). Moreover, a defendant cannot resort to a writ of prohibition where he has an adequate remedy via appeal. State ex rel. Turner v. Earle, 295 So. 2d 609 (Fla.1974); State ex rel. Schwarz v. Heffeman, 142 Fla. 137, 194 So. 313 (1940); Bento…
  • …ferent because he must have five years experience, but this Court has said previously that an acting state attorney, who does not have that five years experience, may be appointed to take the state attorney’s place. State ex rel. Harris v. McCauley, 297 So. 2d 825 (Fla.1974). It is my opinion that the assistants who were present with the assigned state attorney before the grand jury in the case sub judice were properly qualified. DREW (Retired), J., concurs.…

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