Summary
granting petition for writ of prohibition and quashing discovery order where lower tribunal lacked jurisdiction because appellate court issued a show cause order in a separate prohibition case that stayed proceedings below
Summary of this case from Webking v. WebkingOpinion
No. 1D20-1412
03-15-2021
Pamela Joyce Jones STOKES and Rigsby Thomas Jones, individually and as co-trustees of the Dorothy C. Jones Amended and Restated Living Trust Agreement Dated August 16, 2010, Petitioners, v. Frederick Donald JONES, Annette Loraine Hodges, Clint James Jones, Denise Jones, Robyn D. Stokes Griffin, Stewart Stokes, Jamie Lynn Naff, Quinn N. Jones, et al., Respondents.
Laura Beth Faragasso of Henry Buchanan, P.A., Tallahassee, for Petitioners. Michael C. Rayboun of Rayboun Mulligan, PLLC, Tallahassee; Jerry L. Rumph, Jr. and Jennifer L. Sweeting of Sweeting & Rumph, P.A., Tallahassee, for Respondents.
Laura Beth Faragasso of Henry Buchanan, P.A., Tallahassee, for Petitioners.
Michael C. Rayboun of Rayboun Mulligan, PLLC, Tallahassee; Jerry L. Rumph, Jr. and Jennifer L. Sweeting of Sweeting & Rumph, P.A., Tallahassee, for Respondents.
Per Curiam.
Petitioners seek a writ of prohibition related to a trial court order dated April 6, 2020, setting near-term discovery and other deadlines in a case in which another writ of prohibition case is currently pending in this Court. "Prohibition is an extraordinary writ ... by which a superior court ... may prevent [an] inferior court or tribunal from exceeding jurisdiction or usurping jurisdiction over matters not within its jurisdiction." English v. McCrary , 348 So. 2d 293, 296 (Fla. 1977).
When the trial court entered the order at issue here, Petitioners had another petition for writ of prohibition pending in the same underlying case, and this Court had already issued an order to show cause. See Case No. 1D19-2821. Relief is warranted here because issuance of the show cause order in the other case had the effect of staying further proceedings in the trial court. See Fla. R. App. P. 9.100(h) ("In prohibition proceedings, the issuance of an order directing the respondent to show cause shall stay further proceedings in the lower tribunal."); Inphynet Contracting Servs., Inc. v. Soria , 37 So. 3d 299, 301 (Fla. 4th DCA 2010) ("[O]ur issuance of an order to show cause in case number 4D09-5170, involving the same underlying case, had the effect of staying proceedings in the circuit court. The circuit court lacked jurisdiction to rule on the motion while proceedings were stayed.") (citation omitted).
We therefore GRANT the petition for writ of prohibition and QUASH the order.
Rowe, Osterhaus, and M.K. Thomas, JJ., concur.