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Dupont v. Hershey

District Court of Appeal of Florida, Fourth District
Mar 27, 1991
576 So. 2d 442 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-3073.

March 27, 1991.

Richard L. Jorandby, Public Defender and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol Cobourn Asbury, Asst. Atty. Gen., West Palm Beach, for respondent.


This petition for writ of prohibition is dismissed for lack of jurisdiction. The petition requests this court to prohibit the county court from exercising jurisdiction in appellant's criminal trial. Extraordinary writ jurisdiction follows appellate jurisdiction. See State ex rel. Florida Real Estate Commission v. Anderson, 164 So.2d 265 (Fla. 2d DCA 1964). Since the circuit court has jurisdiction of appeals from the county court, a writ of prohibition against the county court must be addressed to the circuit court. See State ex rel. Brewer v. Pettie, 294 So.2d 120 (Fla. 4th DCA 1974).

ANSTEAD, GUNTHER and WARNER, JJ., concur.


Summaries of

Dupont v. Hershey

District Court of Appeal of Florida, Fourth District
Mar 27, 1991
576 So. 2d 442 (Fla. Dist. Ct. App. 1991)
Case details for

Dupont v. Hershey

Case Details

Full title:DAVID J. DUPONT, PETITIONER, v. THE HONORABLE STEWART HERSHEY, JUDGE…

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 27, 1991

Citations

576 So. 2d 442 (Fla. Dist. Ct. App. 1991)

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