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175 So. 2d 792

State ex rel. O'Donnell v. Hall

District Court of Appeal of Florida · decided 1965-06-03

Key passage — most relied on by later courts

“"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 court which is acting within its jurisdiction, although it may be proceeding improperly in the exercise of that jurisdiction." Id. at 793 .”

quoted by 1 later decision, including 313 So. 2d 777 - State Ex Rel. Gore Newspapers Company v. Tyson

Relies on 162 So. 2d 697 - State Ex Rel. Paluska v. White

Good law ✅— No negative treatment on recordhow we know

Decided 1965-06-03

How this case has been cited

Cited by 3 later decisions — most recently February 1980

3 state decisions

10196519701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1The 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.

¶2Helen 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.

¶3Writ 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.

¶4The relators upon being made parties in the pending proceeding have the right to object to the issuance of the restraining order.

¶5Accordingly, 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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