Opinion
Case No. SC05-356.
June 29, 2005.
Because petitioner has failed to show that the district court is without jurisdiction to consider petitioner's appeal, he is not entitled to a writ of prohibition. The petition for writ of prohibition is hereby denied. See English v. McCrary, 348 So. 2d 293, 296-97 (Fla. 1977) (holding that prohibition may be granted only when it is shown that a lower court is without jurisdiction or attempting to act in excess of jurisdicion and may be invoked only in emergency cases to forestall an impending present injury where the person seeking the writ has no other appropriate and adequate legal remedy).
WELLS, ANSTEAD, LEWIS, CANTERO and BELL, JJ., concur.